Kelsey Fitzsimmons case

Kelsey Fitzsimmons

Fitzsimmons is a North Andover Massachusetts police officer who gave birth in early 2025 and was later diagnosed with postpartum depression. In March 2025 she was involuntarily hospitalized for mental health treatment. She returned to work afterward but her relationship and family situation deteriorated, leading to family court filings and the incident that brought national attention to her case.

Kelsey Fitzsimmons case

Kelsey Fitzsimmons case

Kelsey Fitzsimmons Case Timeline

Kelsey Fitzsimmons

Kelsey Erin Fitzsimmons, early life and education

  • Kelsey grows up in Massachusetts in a family that later appears frequently in the record, including her mother Lauren Page and stepfather.
  • Childhood friend Cassandra Mazzone reports they have known each other since about age five, were close through their teen years, and remained family friends after high school.
  • Cassandra recalls that in high school Kelsey struggled at times with mental health, aggression, and alcohol use, and that Kelsey once punched one of Cassandra’s friends without provocation.
  • After high school they drifted somewhat, but  Cassandra Mazzone remained close enough to be asked to join Kelsey’s bridal party years later. Source

2010 to 2015

  • Kelsey graduated from high school.
  • Kelsey attends Fisher College and studies criminal justice.  Source
  • She later graduates from Fisher College with a criminal justice degree. Source
  • Graduating with honors (cum laude).
  • Serving as president of the criminal justice club.
  • Organizing on campus events focused on domestic violence, suicide awareness, and fire safety.
  • Being inducted into a criminal justice honors society.

May,2015 

  • Kelsey graduated from high school.

September 2015

  • After graduating, Kelsey works as a Campus security at Fisher College, enforcing dorm policies and basic safety rules. Source

December 2016

  • Worked as an Event security at Fenway Park, checking identification and screening fans.  Source

August 23, 2017: Charge Filed – Consume Alcohol Under 21 Source

  • New Hanover County, NC
  • Case: 6402017004905CR

February 20, 2018: Offense and Charges Filed – Possession of Open Container of Alcohol in the Passenger Area  Source

  • New Hanover County, NC
  • Case: 18IF 000335 (infraction)
  • Disposition: Disposed

June 21, 2018: Offense and Charge Filed – Intoxicated and Disruptive  Source

  • New Hanover County, NC
  • Case: 6402018054773CR
  • Disposition: Disposed

January 30, 2019

  • Court: New Hanover County District Court, North Carolina  Source
  • Case Number: 2018CR 054773
  • Disposition: Trial by Judge
  • Verdict: Guilty
  • Plea: Guilty 
  • Probation Adult
  • Unsupervised Duration: 12 Months Source
  • Confinement Minimum: 0 Years, 0 Months, 30 Days
  • Prior Record Points: 0
  • Conclusions of Law and Judicial Findings: Domestic Violence – Personal Relationship
  • Victim’s Rights Conviction – Conversion Only
  • Location of Confinement: New Hanover
  • Created: 01/30/2019 12:00 AM Source

Note: Court records later reference a prior out of state misdemeanor conviction described as an alcohol related offense, “intoxicated and disruptive.” Prosecutors use this prior case in later bail proceedings to argue she has a history of problematic alcohol use.

May 2019

  • Kelsey – Methuen Police Department Internship  Source

April 2020

  • Lisa and Doug Aylaian (Kelsey’s fiance parents), peer facilitators for the Hudson chapter of Learn to Cope, supported families of individuals struggling with addiction during the COVID 19 pandemic. Source
  • As lock downs created new barriers to treatment, they helped overwhelmed families navigate remote civil commitment processes, disrupted support meetings, and reduced access to treatment programs.
  • They continued advocating strongly for addiction support services and protections for vulnerable individuals despite the challenges created by the pandemic.

May 2020

  • Kelsey Fitzsimmons graduated college, cum laude

2020 to 2021 (law school period)

  • During pandemic related shutdowns, Kelsey enrolls in law school.  Source
  • Note: After completing her first year she decides law is not the right long term career path and returns to focusing on law enforcement work.

June 2020

  • She attends night classes while working full time as a paralegal.  Source

August 13, 2021

  • Justin Aylaian attended the Career Firefighter Recruit Training Program at the Massachusetts Fire Academy in Stow, Massachusetts. Source
  • He entered the program as a credentialed Emergency Medical Technician (EMT) and a United States Army veteran.
  • At the time of the reference, Firefighter-in-Training Aylaian was completing his initial in-house training phase, with field deployment and additional operational training to follow.

September 2021

  • Kelsey Fitzsimmons began her career in public safety as a correctional officer with the Essex County Sheriff’s Department, where she worked for just over two years beginning in September 2021.  Source
  • Transportation of inmates
  • Security perimiter

April 8, 2022

  • FFOP Justin Aylaian graduated from the Massachusetts Fire Academy as part of Recruit Class 300 of the Career Recruit Training Program. Source
  • He was formally recognized and congratulated as he began his career serving the residents of North Andover.

April 15, 2022

  • Justin Aylaian graduated from the Massachusetts Firefighting Academy as part of Class 300 after completing the 50 day Career Recruit Firefighting Training Program. Source
  • He was officially certified to the level of Firefighter I and II, and Hazardous Materials First Responder Operational Level, meeting National Fire Protection Association 1001 standards.
  • Justin received an official citation recognizing his accomplishment, presented on behalf of State Senator Bruce Tarr and State Senator Diana DiZoglio.

September 12, 2022

  • Justin Aylaian completed his one year probationary period with the North Andover Fire Department. Source
  • He was officially sworn in by Fire Chief John Weir and the Town Clerk.
  • Following the ceremony, Justin was formally pinned with his firefighter badge as a full-status FF/EMT.

June 7, 2023

  • Kelsey Fitzsimmons became the sole legal owner of 125 Phillips Brooks Road, North Andover, via quitclaim deed recorded in the Essex County North Registry of Deeds. Book 17779, Page 234.

June 2023

  • Shortly after receiving title, Kelsey obtained a $388,000 mortgage on the property from Cambridge Trust Company.

September 2023

  • North Andover firefighter Justin Aylaian meets Kelsey.

March 2024

  • Justin C. Aylian moved into Kelsey E. Fitzsimmons’ residence at 125 Phillips Brooks Road, North Andover, Massachusetts. Source
  • The home was owned by Kelsey Fitzsimmons prior to the parties’ relationship, and the parties later lived there together during their relationship and after the birth of their child.

May 3, 2024 North Andover Police Academy

  • Kelsey graduates from the North Andover Police Department. Where she served as class treasurer.  Source
  • After graduation she becomes a sworn North Andover police officer.  Source 
    Chief Gray and the entire PD staff would like to welcome new Officers, Kelsey Fitzsimmons and Kyle Hooley to the department after they graduated from the 5th Recruit Officer Class of the NECC Police Academy today. It was a six month training academy and their on the job training will continue for another few months before going on on their own. Lieutenant Daley and Officer Gordon were also Staff Instructors for their academy class. Source

May 6, 2024

  • Swearing in day at town hall for Officer Kelsey Fitzsimmons and Officer Kyle Hooley.  Source
  • Justin “pinned” Kelsey at the ceremony 

June 2024

  • Kelsey a patrol officer and assigned her own cruiser

Summer 2024

  • Fitzsimmons states she witnessed Justin Aylian take LSD (Acid) that he had stored wrapped in tin foil in the refrigerator.  Source

August 19, 2024

  • Critical Call involving mother and infant: A 35-year-old woman and her infant son have been identified as the two people who died Monday in what is being described as an apparent murder-suicide inside a North Andover home.  Source
  • Kelsey and Officer Patrick Noonan respond together to a murder suicide involving a mother and infant.  Source
  • She describes this as a devastating call.
  • She says this incident, especially seeing an infant, is a major factor in the development of her later mental health problems and intrusive thoughts.

We entered the home and walked into something no human being should ever see: a murder suicide scene with a mother and her infant. As a “rookie” police officer, this was devastating to me. At the time I was 20 weeks pregnant. The officer that shot me experienced this call with me. To this day, his support during that hard time is something I am still grateful for, regardless of this recent incident that occurred. This traumatic murder-suicide call was the catalyst for my mental health complications. Source

September 12, 2024

  • NAPD recognized Female Officers Including Kelsey Fitzsimmons : Source
  • Today, on National Police Women’s Day we would like to proudly recognize these five women in our department. Sgt. Katie Gehrke, Sgt. Julie Nigro, SRO Laura Jimenez, Ofc. Stephanie Rizzo, and Off. Kelsey Fitzsimmons. They all demonstrate leadership and a strong desire to help the citizens and visitors to the town of North Andover each and everyday. They are also excellent role models for the youth of our town and build lasting relationships between the department and the community. Thank you for your service!

October 10, 2024 Engagement

  • Kelsey Fitzsimmons and Justin Aylaian engaged Source
  • Their wedding date had been set for October 4, 2025  Source

October 11, 2024

  • Toward the end of the Croatia trip, Kelsey allegedly refused to engage with anyone.  Source
  • When Justin attempted to discuss behavior concerns, Kelsey allegedly slapped him on the back.
  • The filing states Kelsey later allegedly threatened to walk off the edge of a waterfront and harm herself.

October 12, 2024

  • Aylaian claims: After returning home from the trip, tension allegedly escalated.  Source
  • Kelsey allegedly began screaming and crying.
  • She allegedly broke picture frames, slammed doors, damaged walls, and punched kitchen doors and cabinets.
  • Justin allegedly attempted to physically restrain her to stop the destruction.
  • Kelsey allegedly bit Justin on the arm hard enough to break the skin.
  • Justin called 911.
  • Police responded and transported Kelsey to the emergency room where the filing states she was reportedly placed on a psychiatric hold.

November 2024

  • Aylaian says: Month after engagement: Kelsey’s behavior becomes increasingly erratic. Source
  • Her emotions are unstable.
  • She becomes both physically and verbally abusive toward him.
  • He repeatedly tries to remain calm and de escalate conflict.
  • Kelsey becomes pregnant with their child.

December 24, 2024 (Christmas Eve 2024)

  • Kelsey Fitzsimmons states she witnessed Justin Aylian obtain Adderall from his cousin Michael at Justin’s parents’ home. Source
  • She states she observed Justin snort the Adderall through a straw in a bathroom connected to the kitchen.
  • Fitzsimmons states both her father and stepfather gave Justin bottles of whiskey as gifts.
  • She states both bottles were consumed within less than two weeks.

February 16, 2025 (birth of the child)

  • Kelsey gives birth to a son in early 2025. Source

2025 (postpartum depression diagnosis)

  • After childbirth Kelsey experiences serious emotional and psychological difficulties.  Source
  • She is diagnosed with postpartum depression.
  • In later statements she says:  Source
  • She acknowledged her diagnosis from the very beginning.
  • She immediately sought treatment and followed medical advice.

March 9, 2025

  • During the child’s christening party, Kelsey allegedly became verbally aggressive and escalating. Source
  • She allegedly broke picture frames and damaged walls.
  • Justin allegedly attempted to de-escalate while holding the baby.
  • A struggle allegedly occurred in the kitchen as Justin attempted to leave with the child.
  • Kelsey’s parents arrived during the incident.
  • Kelsey allegedly tried to forcibly remove the baby from Justin’s arms.
  • Police: North Andover police respond to Fitzsimmons’ home at 125 Phillips Brooks Road for a report of a “female having a mental health episode.” She is found in the house and is willing to go to a hospital.  Source
  • Medical responders allegedly told Kelsey she needed to be evaluated or transported.
  • Kelsey allegedly agreed to hospital transport.
  • Kelsey Fitzsimmons was transported to Lawrence General Hospital where she was held on a Section 12 order for mental health issues and diagnosed with postpartum depression.
  • After evaluation and treatment, doctors conclude she no longer meets criteria for involuntary confinement.
  • Note: This hospitalization later features heavily in court filings and media coverage.

April 12, 2025

  • The later obtained home surveillance footage shows Justin Aylaian smoking marijuana outside behind the property. Source

May 10, 2025

  • According to statements attributed to Justin Aylian in court filings, the parties met several of the Father’s friends at a brewery to introduce them to the minor child. During the gathering, one of the Father’s friends allegedly mentioned the name of one of the Father’s former girlfriends.  Source
  • The filing states that this comment caused the Mother to become extremely upset and the evening ended early.
  • The filing further claims that during the approximately 45-minute drive home, the Mother screamed at the Father and “violently flailed about in the passenger seat.”
  • The minor child was reportedly seated in the back seat of the vehicle during the alleged incident.
  • Fitzsimmons is discharged from the hospital and voluntarily contacted the North Andover Police Department to turn over her personal and department-issued firearms, according to court documents. 
  • She is discharged with an outpatient treatment plan and continues working toward stability.

May 11, 2025

  • Mother’s Day 2025: Fitzsimmons states she recorded a video of Justin yelling at her while intoxicated. Source
  • She states Justin allegedly fell in the shower, in the bedroom, and on the stairs during the same day due to drinking.

March 13, 2025

  • North Andover Police Department suspends her gun permit after the department determined she was unsuitable to carry a weapon. About this time, Fitzsimmons is placed on administrative leave. 

May 6, 2025

  • Fitzsimmons filed a petition appealing North Andover police Chief Charles Gray’s decision to suspend her gun permit. She argues it was revoked due to a 12-hour mental health-related hospitalization, according to court documents.

Spring 2025 (rising relationship conflict)

  • Kelsey attempts to resume normal life as a new mother and police officer.
  • Relationship tension with Justin increases.
  • According to Justin, there is escalating instability at home, emotional volatility, and aggressive incidents. Source
  • According to Kelsey and her supporters, she is struggling with postpartum depression while still being a devoted mother and primary caregiver.
  • Concerns about the baby’s safety and emotional well being later appear in abuse prevention filings, with the parties offering sharply conflicting accounts of the home environment.

June 18, 2025

  • North Andover police Lt. Michael Davis sent a letter to Lawrence District Court stating Fitzsimmons was cleared by a medical professional to return to duty.
  • He said her license to carry firearms was reinstated by the department.

June 28, 2025 – Joint bachelor and bachelorette party, Bethel, Maine  Source (p6) and Source

  • A joint bachelor and bachelorette weekend is held in Bethel, Maine, from Saturday through Monday with Justin’s siblings and Kelsey’s bridesmaids, including childhood friend Cassandra Mazzone and bridesmaids Katrina Caruso and Deondra.  Source
  • Cassandra reports heavy drinking by many guests throughout Saturday, says she drinks very little because she does not know most of the group, and notes that Justin seems quiet and withdrawn.  Source
  • Justin states Kelsey becomes upset with him for spending time with his groomsmen and for inviting his sisters, and that as the day goes on she becomes increasingly intoxicated and “extremely erratic,” running around yelling “fuckity, fuck, fuckity, fuck” and “Krusty Krab, Krusty Krab.” He says others are casually drinking while she is highly inebriated, and he repeatedly asks her to stop.  Source
  • Justin reports that Kelsey wants everyone inside to play drinking games and wants him to strip as part of the games. He refuses and goes outside to distance himself.  Source
  • 9:00 to 10:00 p.m. – Bridesmaid Katrina Caruso approaches Justin and, according to him, says she cannot deal with Kelsey, that Kelsey is out of control, and that she cannot handle the situation.   Source
  • 11:00 p.m. – First bedroom confrontation Justin goes upstairs to brush his teeth and get ready for bed.  Source
  • Kelsey follows him into the master bedroom, visibly upset, swears at him and calls him names, then briefly tries to initiate intimacy.
  • Justin refuses because she is too drunk, tries to calm her, then leaves the room and sits downstairs with his brother Brendan and friend Aiden Ahern.
  • Late night – Second bedroom confrontation and alleged assault: Kelsey follows him downstairs, face red and eyes bulging. Justin says she whispers in his ear, “Get upstairs, you fucking asshole,” while pulling him back upstairs.  Source
  • On the stairs he quietly tells Brendan, “I think I am going to need your help. I do not know what is going to happen behind these closed doors,” saying he is afraid because of what he describes as a history of physical abuse.
  • Back in the bedroom, Justin says Kelsey resumes yelling, blocks him from leaving, and ignores his attempts to de escalate.
  • Brendan knocks to discuss plans for the next day, but Justin says Kelsey again blocks his exit.
  • Justin reports that she looks at him and says, “Why would you leave me, you just closed my fingers in the door,” even though he says there was no door involved and believes she is fabricating an accusation.
  • He states she then clenches her right hand into a fist and punches him three times in the face. Fearing she will not stop, he moves around her and opens the door.
  • With the door open and Brendan in the doorway, Justin says Kelsey grabs his arm and pulls him back into the room. Once other people are present, he reports that her demeanor suddenly changes, she becomes calm, denies hitting him, and tells others they were only talking.
  • After 11:00 p.m., Cassandra goes to bed, hears a loud bang and screaming, and recognizes Justin’s sister Ashley yelling, “Do not touch my brother.”  Source
  • Cassandra sees Justin grab belongings and leave looking scared, then sees Kelsey calm and saying, “I did not touch him. I did not do anything. I just want to get home to my baby.”
  • Cassandra notes nobody outside the closed bedroom witnessed what actually occurred between Justin and Kelsey.  Source
  • Kelsey Fitzsimmons states: During the parties’ joint bachelor/bachelorette event in Maine, Justin continued drinking and refused to sleep in order to keep partying.  Source
  • She states an argument occurred after Justin allegedly wanted to continue using drugs.

June 29, 2025

  • Middle of the Night: Justin leaves the Airbnb. His friend Dave DiMasi drives him to a motel and stays overnight with him. Justin later reports his nose hurt and was slightly swollen, the corner of his eye was painful, and he did not have significant bruising. Source
  • Events after Justin leaves, based on Justin and Cassandra’s accounts: Justin is later told that bridesmaid Katrina Caruso retrieves his belongings and finds Kelsey going through them. His driver’s license and debit card are missing, and he orders replacement cards.  Source
  • He is also told that Kelsey assaults several friends, throws a Stanley tumbler from an upper level toward a bridesmaid, and throws a box of champagne glasses down the stairs toward friends, though no one is struck. 
  • He is told she runs into the woods and makes suicidal statements by phone.
  • Escalation at the stairs: As friends try to de escalate, Cassandra says Kelsey suddenly snaps from calm to screaming, throws a Stanley cup of water toward Deondra and a box of champagne glasses down the stairs, though neither hits anyone. Friend Ms. Mitchell restrains Kelsey. Cassandra reports Kelsey kicks Mitchell while restrained and again later when unrestrained. Cassandra confirms a video of Kelsey yelling on the stairs matches what she witnessed.  Source
  • Running into the woods and near collision: Kelsey runs into the woods. Friends call her parents, who reportedly respond that she is fine.
  • 1:00 to 2:00 a.m., Cassandra leaves with Deondra because of continued chaos and unpredictability.  Source
  • On the highway, a car resembling a black Cadillac sideswipes them and nearly forces them off the road, then speeds away.
  • They later learn Kelsey is traveling home in a black Cadillac with family. Cassandra explicitly states she does not assume who was driving.
  • Cassandra has no further contact with Kelsey or her siblings after this.  Source
  • Early morning custody of the baby: Early morning, Kelsey’s parents take custody of the baby. Justin speaks with Kelsey’s father and says Kelsey is mentally unstable, should not be caring for the baby, and he fears for both Kelsey and the child. 
  • Later that day: Justin and his father go to the North Andover home. Justin tells Kelsey he is only coming to retrieve belongings and does not tell her he also intends to collect firearms, stating he fears how she might react if she knew.

June 30, 2025

  • Morning: Justin contacts North Andover Police and speaks with Lieutenant Sean Daley. He reports that on June 29 Kelsey called and messaged him about killing herself and the baby, repeatedly tried to get him to come to the house alone, and that he believes she is trying to lure him back.  Source
  • He states he is “beyond 100 percent certain” that if he refuses to stay with her, she will kill him, their son, and then herself.
  • He says she insists he is still in Maine, accuses him of cheating with her best friend, and refuses to believe him even when he FaceTimes her from his home in Stow.
  • Justin tells Daley Kelsey will not take the order well, will not want to surrender the baby, is prone to irrational actions, and is capable of violence.
  • He says he told Daley multiple times that “she could look you in the eyes and kill the baby, police officers, and herself, and that she has “the power and ability to kill you without hesitation.”
  • Aylaian told CIC that Officer Fitzsimmons was calling and messaging him statements about killing herself and the baby. Note: According to Police Report Aylaian did not turn the text messages over to CIC. page 8  Source.
  • Justin applies for an abuse prevention order under MGL c. 209A. Source

Aylian: She was visibly and verbally upset. She was in the room. She started to swear at me. She was calling me names. And then she did try to, briefly, initially initiate intimacy, which I outright did not. She was too drunk. I did not want any part of that. I wanted to more put her to bed and remove myself from the situation at that point. And her emotions were all over the place. She was very angry. I did try to remain calm. I did not raise my voice. I tried to ease her nerves and just keep her calm.  Source.

After using the restroom, I immediately opened the master suite door and went back downstairs. I went downstairs to remove myself from the uncomfortable situation, and I went next to my brother, Brendon, and my lifelong friend Aiden Ahern.  Source.

She quickly followed me downstairs and angrily. I vividly remember her face turning red and her eyes bulging out of her head. She was whispering in my ear. She said, “get upstairs, you fucking asshole,” whispering in my ear while attempting to get me to go back upstairs to talk. Back to the master bedroom overlooking the first floor.  Source.

I was terribly scared of her reaction. I did not know what she was going to do, but she was clearly angry about something. At that point I was scared what she was going to do behind closed doors.

On the way back upstairs, I whispered to my brother, “I think I’m going to need your help. I don’t know what is going to happen behind these closed doors.” I did not know what she was going to do. She was very upset. She was swearing. She was yelling. There is a history of physical abuse, and I was scared of what she was going to do behind those closed doors.   Source.

  • Afternoon: According to Kelsey, Justin agrees to meet Kelsey at a local park to talk, Kelsey later says she eventually returns home after waiting. Source
  • According to Kelsey, Justin called her to say that his mom gave him money for gas so he could meet with her.
  • 1:00 p.m Attended CPR training at 1:00 PM with her child
  • 2:30 pm Kelsey at the park with a baby but Justin does not show up.
  • 3:30 PM – Fitzsimmons Returned home
  • Spoke with Fitzsimmons while she was driving, canceled plans with Mitchell to meet Justin
  • Parked away from house due to suspicion
  • Called her mother
  • Fed her child
  • Once Home: Fitzsimmons Mother arrived within 5–10 minutes
  • Planned to go camping with her son
  • Told Justin about plan
  • 4:31 p.m. – Restraining order issued: Essex Probate and Family Court issues:
  • A 209A order in Justin’s favor
  • Temporary custody of the baby to Justin
  • An order requiring Kelsey to surrender all firearms
  • 5:02 PM Stow Police receive a fax from Essex Probate and Family Court. The fax contained a restraining order to be served on Kelsey Fitzsimmons. The order included allegations from Justin Aylian, including:  Source
  • He feared for his safety and the baby.
  • Claims of prior physical assault and threats.
  • Statements that Fitzsimmons had threatened self-harm and harm to the child.
  • The restraining order included:
  • No contact order
  • 150-yard stay away order
  • Surrender of firearms
  • Concern for imminent risk of bodily injury
  • 5:30 PM Dispatcher contacted the victim (Justin Aylian). Source
  • He already had a copy of the order.
  • He was with North Andover Police making arrangements involving the baby.
  • 6:02 p.m. – Police arrival at 125 Phillips Brooks Road  Source
  • Lieutenant Sean Daley, Officer Patrick Noonan, and Officer Timothy Houston arrive to serve the restraining order, remove firearms, and transfer custody of the infant.  Source
  • Daley informs Kelsey of the order, the custody transfer, and the firearms surrender.
  • Kelsey’s account of the lead-up
  • Kelsey says Justin asked her to meet him at a park and she waited nearly three hours with no explanation.
  • She says she returned home unaware of the restraining order and was feeding the baby when three of her colleagues arrived and told her she lost access to her son, her firearms license, and her job.
  • She describes this as the moment she emotionally collapsed and entered severe suicidal despair.
  • 6:10 to 6:17 p.m. – Inside the house  Source
  • Officers explain the order and tell her Justin will arrive to take the child.
  • She packs the baby’s supplies.
  • Officers escort her upstairs to gather clothing while Noonan supervises, Daley remains downstairs, and Houston moves between levels.
  • 6:17 p.m. – Arrival of Justin and Kelsey’s mother  Source
  • Justin arrives, as does Kelsey’s mother. 
  • Emotions escalate. Kelsey asks Houston to keep Justin away.
  • 6:18 to 6:19 p.m. – Conflicting versions of what happens next  Source
  • Officer Noonan’s account: He says Kelsey lunges behind the door, reappears with a gun pointed at him, pulls the trigger and hears a click, then begins racking the slide while he yells commands. 
  • Kelsey’s account: She says she was suicidal, alone in despair, placed the gun to her own head, pulled the trigger in a “half-hearted” suicide attempt, it did not fire, and she never pointed the weapon at any officer.
  • 6:19 p.m. – The shooting  Source
  • Officer Noonan fires twice believing she is about to shoot him. 
  • Daley hears commands and gunshots from downstairs and runs up.
  • Justin’s perspective:

Aylaian: I begin to walk back towards the stairs and to go back up to the first floor, and I vividly hear an officer scr- yell out, `no stop, don’t do it. ‘ And I can, I vividly hear that the,’ no stop, don’t do it.’ And then I believe, then I, then I hear what I believe to be three gunshots ring out. And I hear Kelsey’s mom start frantically screaming. I immediately recognize what has happened. I recognize there was a shooting in the house. Someone most likely has been shot. My one priority is my son’s safety right now, as he was 20 feet outside that house. So, I immediately run from the vicinity of the stairs that led down to the basement to the garage, and I fumbled with the locking mechanism due to the darkness, and I was able to throw open the garage door. And I sprint around.  Source

  • 6:20 p.m. – Immediate aftermath Officers rush in, move the firearm away, provide first aid, and remove the baby under the court order.  Source
  • State police respond, secure the scene, and later seize four firearms.
  • Medical: Kelsey is airlifted to MGH with a chest wound, collapsed lung, broken ribs, and internal injuries, undergoes multiple surgeries, and remains hospitalized for weeks.
  • 6:22 p.m.- Fire and EMS Dispatched Source
  • North Andover Fire and EMS are dispatched to Phillips Brooks Road after an off duty North Andover Police Officer is shot by another North Andover Police Officer during an armed confrontation while police are serving a court order. 
  • Initial 911 information indicates the victim has sustained a serious injury.
  • 6:25 p.m. Fire personnel arrive on scene and immediately begin life saving measures.  Source
  • The patient is identified as a 28 year old female North Andover Police Officer suffering a gunshot wound to the chest with an exit wound through the back.
  • Advanced airway management is initiated and crews begin breathing for the patient.
  • 6:26 PM (18:25–18:26) Two 911 calls received from Douglas Aylian (Justin’s father). Source
  • Something “terrible” was happening at the North Andover residence. Source
  • His son and daughter were present retrieving the baby.
  • Douglas’ wife Lisa was on the phone with their daughter, who was:
  • fleeing the scene with the baby
  • panicked and leaving the residence
  • Dispatch confirmed: Police were already on scene. Individuals were not physically hurt at that moment
  • Shortly after – Lt. Barhight arrives at Aylian residence People present:  Source
  • Douglas Aylian
  • Lisa Aylian
  • Courtney Aylian
  • Ashley Aylian
  • Brendon Aylian
  • Infant child
  • 6:28 p.m. _ Med Flight  Source
  • Engine 1 requests Boston MedFlight due to the severity of the injuries.
  • 6:30 p.m. – Patient Transport  Source
  • North Andover Fire advises that a “hot load” will be required for patient transfer, meaning the helicopter will remain running during handoff to expedite transport.
  • 6:33 p.m. – Helicopter Operation  Source
  • Ladder 1 is redirected to Lawrence Municipal Airport to assist with helicopter landing operations.
  • 6:37 p.m. – Patient Transport
  • Car 2 and Engine 1 arrive at Lawrence Airport and prepare for patient transfer.
  • 6:43 p.m. – Life Saving Measures  Source
  • North Andover Ambulance 1 begins transporting the patient from the scene after a blood transfusion is administered in the field.
  • 6:46 p.m. – MedFlight
  • Ambulance arrives at Lawrence Airport. Patient is transferred to Boston MedFlight under critical care conditions.
  • 6:56 p.m. – MedFlight Departure  Source
  • Boston MedFlight departs Lawrence Airport en route to Massachusetts General Hospital.
  • 7:09 p.m. – MedFlight Arrival and Investigation   Source
  • Boston MedFlight arrives at Massachusetts General Hospital in Boston.
  • An additional North Andover Police Officer is transported to the hospital for evaluation because he is the officer who discharged his firearm and shot the victim.
  • Identity of the victim is initially withheld pending family notification.
  • North Andover Police and the Essex County District Attorney’s Office begin an active investigation.
  • 9:36 p.m., Lieutenant Kellie Barhight of the Stow Police Department sent an internal department email titled “28 Maple Street Caution.” Source
  • The email informed officers and dispatch personnel that an officer-involved shooting had occurred earlier that evening in North Andover involving Officer Kelsey Fitzsimmons.
  • According to the message, the incident occurred after a restraining order was taken out by Justin Aylian of 28 Maple Street in Stow during an ongoing custody dispute between Aylian and Fitzsimmons.
  • The email states that when officers from Fitzsimmons’ agency responded to her residence to retrieve firearms, Fitzsimmons allegedly shot at another police officer.
  • The message further states that Justin Aylian fled the home with the child following the shooting.
  • Fitzsimmons was reportedly med-flighted from the scene, and her condition at the time of the email was listed as unknown.
  • The email indicates that Massachusetts State Police detectives had taken over the investigation.
  • Lieutenant Barhight warned officers that there was concern Fitzsimmons’ parents might attempt to come to 28 Maple Street.
  • Officers were instructed to conduct multiple residence checks each shift at that address until further notice and to log those checks.
  • The residence was also flagged as a caution location for 911 calls, with instructions that officers should respond immediately and safely.
  • The email states the family was traumatized by the incident and fearful for the safety of Justin Aylian and the infant child, Cadyn.
  • The incident report number listed in the email was 25-122-OF.
  • 10:30 p.m. – Crime Scene  Source
  • the location remains an active crime scene with Massachusetts State Police, North Andover Police, and the Essex County District Attorney’s Office on scene.
  • Officer Patrick McCarthy Noonan placed on “Critical Incident Leave” paid leave following the shooting incident involving Kelsey Fitzsimmons.

July 1, 2025

  • Essex County District Attorney Paul Tucker and North Andover police Chief Charles Gray held a press conference. Source
  • Tucker said three officers, including a supervisor, and Fitzsimmons were in the house.
  • He said Fitzsimmons was stable in a Boston hospital and state police detectives from his office were handling the investigation and looking to see if video footage existed. Gray said his department does not wear body cameras. Source
  • Aylian filed a Complaint for Custody, Support, Parenting Time, and Attorney’s Fees in Essex Probate and Family Court. Source
  • The case was opened under Docket No. ES25W0966WD.

July 2, 2025

  • Lieutenant Sean Daley was interviewed. Source
  • He stated that he remained on the 1 st floor of the house with Fitzsimmons’ mother, Aylaian and Officer Houston.
  • He stated he heard Officer Noonan on the second floor yell, “Kelsey don’t do it, Kelsey don’t do it,” followed by two gunshots. All of the officers began to render first aid to Fitzsimmons and requested an ambulance to the scene.  Source
  • While administering aid to Fitzsimmons, Lt. Daley stated that he observed a firearm where Fitzsimmons was lying. He moved the firearm to the bed, out of the reach of Fitzsimmons. After the incident, while medics were treating Fitzsimmons injuries’, Lt. Daley said that Officer Noonan told him (Daly) that prior to the shooting, Fitzsimmons had pointed a firearm at him. That is when Officer Noonan shot her.  Source

July 3, 2025

  • 9:03 a.m Justin Aylaian and accomplices forcibly entering her North Andover home three days after she was shot during a June 2025 custody dispute, while she recovered in hospital. Source
  • Footage captures the group kicking in a door, rummaging through rooms, and handling storage bins, raising questions about their motives.
  • Actions inside the residence: Source
  • Front door and door jamb forcibly breached.
  • Alarm system and surveillance cameras disabled and destroyed.
  • Power supplies pulled from wiring.
  • Theft of:  Source
  • Passport
  • Personal laptop computer: Stolen laptop connected to Wi-Fi network labeled “Braceland4.”
  • Access Using Laptop:  Source
  • Access to Facebook, AOL, and Gmail accounts.
  • Attempts to recover or reset Facebook account credentials.
  • Withdrawal of approximately $5,000 from bank accounts.
  • Access to medical records.
  • Access to pension beneficiary documents.
  • Cancellation of travel reservations and redirection of funds.
  • Screenshots included in filing show browser and Gmail activity during this timeframe.
  • Later: Officer Timothy Houston was interviewed at the North Andover Police Department.  Source
  • Officer Houston provided a similar account of the incident as Lt. Daley. Source
  • Officer Houston stated that Fitzsimmons told the officers that all of her firearms were locked in a safe in the basement.
  • Officer Houston stated that Aylaian arrived at the residence when Fitzsimmons was packing her belongings. Fitzsimmons stated that she did not want Aylaian in the residence while she was there. Officer Houston went towards the basement to advise Aylaian to wait downstairs. Moments later Officer Houston heard Officer Noonan scream “Kelsey” followed by two gunshots.
  • Officer Houston immediately ran upstairs and observed Fitzsimmons laying on the ground.
  • Officer Houston asked Officer Noonan what happened, and Officer Noonan stated that Fitzsimmons pointed a firearm at him, pulled the trigger, then racked a round of ammunition. After the shooting, all of the officers began to render aid to Fitzsimmons.   Source
  • Officer Patrick Noonan was interviewed at the North Andover Police Department.  Source
  • During the restraining order service process, Officer Noonan was alone with Fitzsimmons on the second floor of the house.
  • The second floor consisted of two bedrooms and a closet. Officer Noonan stated that Fitzsimmons was packing clothing and books for the infant.
  • Noonan stated that Fitzsimmons was kneeling on the ground folding laundry in her bedroom. 
  • Officer Noonan, standing in the doorway, observed Fitzsimmons face toward him, lunge toward an area behind the door, and then reappear pointing a firearm directly at him.
  • Officer Noonan said Fitzsimmons pulled the trigger and he heard the firearm click, but no round was fired. Fitzsimmons then began to stand up as Noonan pulled his firearm out of his holster. Fitzsimmons began to rack the firearm to chamber a round. Officer Noonan gave several commands such as “drop the gun” and “do not do it.”
  • Officer Noonan stated that at this point he knew she was trying to kill him. He fired one round and Fitzsimmons continued trying to chamber a round. Officer Noonan fired a second round, striking Fitzsimmons.  Source
  • Officer Patrick Noonan, who shot Fitzsimmons, was put on administrative leave

July 4, 2025

  • 9:17 AM Lisa Aylian (Justin’s mother) sends a text message to a police contact Kellie source
  • “Morning Kellie, it’s Lisa Aylian, Justin’s mom. I hope you get to enjoy the 4th of July with your family.
  • I just wanted to give you an update. After interviewing several lawyers we finally found one last night that we really like.
  • He told us that charges are set… it should be on news today…
  • Kelsey is being charged with armed assault to murder and 2 counts of assault with a deadly weapon.
  •  It is a horrifically sad and overwhelming situation but this is giving us a tiny bit of peace knowing Justin and sweet baby are and will be safe.
  • Thank you again for your knowledge and support it has meant more than I can express.”
  • Response: “I’m glad you guys feel safe. Always reach out if you guys need anything. Wishing you a happy 4th with your family.”

July 7, 2025

  • 1:17 PM (13:17) A phone call was made to Justin’s family (received by his mother, Lisa). The caller identified himself as Attorney Timothy Bradl, representing Kelsey Fitzsimmons. Content of the message: Source
  • Stated Kelsey was about to undergo a medical procedure/surgery.
  • Requested: A FaceTime call with the baby before the procedure
  • Suggested: They could contact the emergency restraining order judge
  • The judge could temporarily vacate the order for about 30 minutes to allow the call
  • Asked Lisa to: Call him back
  • Help facilitate contact between Kelsey and the baby
  • Lisa’s reaction: Stated she was:
  • “sick to her stomach.”
  • extremely upset
  • She told Justin about the call
  • Family response:
  • They believed the request was inappropriate
  • They were concerned given the recent shooting incident
  • Justin contacted his attorney
  • His attorney contacted Attorney Bradl
  • Bradl was told not to contact the family directly again

July 9, 2025

  • Timothy Bradl is hired as defense attorney for Fitzsimmons.

July 10, 2025

  • The District Attorney’s Office confirmed Fitzsimmons was charged with armed assault with intent to murder and two counts of assault with a deadly weapon.

July 14, 2025 POST Commission suspension effective date  Source

  • The Massachusetts Peace Officer Standards and Training Commission entries later reflect:
  • Certification number FIT 2024 1175 6287.
  • She is listed as an “Unassociated Officer” formerly of North Andover Police Department.
  • Suspension effective July 14, 2025 under MGL c. 6E, section 9(a)(1).

July 15, 2025

  • MSP completes an initial investigative report, the Essex County District Attorney’s Office files a District Court complaint. Source 
    Charges include:
  • Armed assault with intent to murder.
  • Two counts of assault with a dangerous weapon.

July 17, 2025 Attorney Bradl press release Source

  • Attorney Timothy Bradl issues a press release on Kelsey’s behalf.
  • In that statement, Kelsey:
  • Emphasizes her long standing dedication to law enforcement and public safety.
  • Describes herself as a devoted mother who has never spent more than one night away from her son.
  • Acknowledges her postpartum depression diagnosis and says she sought treatment immediately and followed medical advice.
  • Criticizes the restraining order process, describing it as allowing someone to make “horrible, untrue” claims that can strip a parent of access to their child with minimal inquiry.
  • States that on June 30 she waited with her baby at a park for nearly three hours after Justin asked to meet and that he never showed or called.
  • Says she returned home, only to have three of her colleagues arrive shortly afterward and inform her she was losing her son, her job, and her license.
  • Insists that she put a gun to her own head on June 30, pulled the trigger in a suicide attempt, the gun misfired, and she was then shot in the chest by Officer Noonan.
  • Denies ever pointing a firearm at any officer and denies ever harming or wanting to harm her child.

July 21, 2026

  • 9:30 AM (09:30) Lt. Barhight drove past 28 Maple Street, Stow. Observed Justin Aylian outside the residence. Conversation with Justin:  Source
  • He stated:
  • He and his family were upset about public statements made by Fitzsimmons
  • He had tried to retrieve belongings from the North Andover home
  • The locks had been changed
  • Kelsey’s father appeared at the home
  • Justin expressed concern:  Source
  • Kelsey’s parents might come to his residence
  • Possible escalation or confrontation
  • Lt. Barhight advised:
  • Call 911 if anything occurs
  • Consider safety planning and harassment prevention orders
  • Justin reported:  Source
  • Kelsey’s attorney had:
  • Reached out through his mother
  • Requested that he drop the restraining order
  • Justin stated:
  • He was upset about the request
  • Concerned due to prior shooting and presence of the baby
  • Lt. Barhight noted: This type of contact may constitute a violation of the restraining order (third-party contact)  Source

July 24, 2025

  • Lt. Barhight contacted the Essex District Attorney’s OfficeSource
  • Advised them of:
  • The incident
  • The plan to pursue charges
  • ADA Fournier was notified.
  • Report to be forwarded once completed.

July 28, 2025

  • Lt. Barhight obtained and listened to the voicemail recording from Attorney Bradl.  Source
  • Confirmed contents of the July 7 message.
  • Met with Lisa again:
  • She reiterated emotional distress
  • Confirmed timeline and content of the call
  • Lt. Barhight formally requested charges: Charges requested: Violation of Abuse Prevention Order (209A) x2 Based on:  Source
  • Third-party contact through attorney
  • Attempt to facilitate contact with:
  • Justin
  • The child
  • Report notes: The restraining order explicitly prohibits:  Source
  • Contact with Justin
  • Contact with the child
  • Allegation: Attempting FaceTime contact constituted a violation of the order

July 31, 2025

  • 10:14 PM Lisa Aylian initiated a contact with a police officer Kellie
  • “Hi kellie, I’m sorry to be texting you so late. We are just going over plans for tomorrow and Doug Ashley, and Courtney are going with Justin to court tomorrow, my son Brendon is stuck in Chicago not able to get home due to flight issues, but I am going to be here at the house alone with the baby while they are all at court and I am wondering if you could just ask for the police to do extra drive-bys tomorrow morning and throughout the day? We are assuming that kelseys whole family is going to be either at the courthouse or with her but just in case….id rather be extra cautious….thank you
  • I hate this…”

August 7, 2025 Hospital arrest and detention

  • While still hospitalized and recovering from surgery, Kelsey is formally arrested.
  • She is arraigned remotely from her hospital bed.
  • Kelsey enters a plea of not guilty.
  • On the Commonwealth’s motion, the court orders her detained under the dangerousness statute for up to 180 days.

August 11, 2025

  • Fitzsimmons and Bradl filed a bail petition of the Lawrence District Court judge’s decision.

August 14, 2025

  • An Essex County Superior Court judge held a dangerousness hearing to take her bail petition under advisement. Fitzsimmons appeared from her Massachusetts General Hospital bed.

August 15, 2025

  • The Essex County Superior Court judge denied her bail appeal. Fitzsimmons remained held without bail.

August 18, 2025

  • Fitzsimmons filed a second bail appeal. She is discharged from the hospital midweek, according to Bradl, and committed to the Western Massachusetts Regional Women’s Correctional Center in Chicopee.

August 22, 2025

  • Kelsey and/or her family listed 125 Phillips Brooks Road for sale at $599,999, as reflected on Redfin.
  • Filing estimates Kelsey’s equity in the property to be approximately $211,999.
  • Shortly after listing: The listing price was later reduced to $579,000.

August 25, 2025 Grand jury indictment

  • Evidence is presented to an Essex County grand jury. The grand jury declines to indict on the charge of armed assault with intent to murder.
  • It returns a single indictment for assault with a dangerous weapon, with a maximum penalty of five years in state prison.

August 27, 2025

  • Officer Noonan returned to full-time duties following leave.

August 28, 2025 Superior Court dangerousness hearing and conditional release order

  • A Superior Court judge holds a dangerousness hearing under chapter 276 section 58A. The judge finds Kelsey dangerous, based on:
  • Justin’s testimony and affidavit about the Maine incident and alleged threats.
  • Civilian witness accounts of her aggression and intoxication at the party.
  • Her mental health history and prior out of state alcohol conviction.
  • However, the judge also finds that conditions can reasonably assure community safety and orders release on strict conditions including:
  • Residence with her mother and stepfather.
  • Twenty four hour house arrest except for medical, court, or attorney visits with forty eight hour notice to probation.
  • GPS monitoring.
  • Absolute abstention from alcohol with Secure Continuous Remote Alcohol Monitor (SCRAM) testing.
  • Compliance with treatment recommended by her physicians and psychologist.
  • No cash bail is set, but her release is stayed while monitoring arrangements are put in place.

September 8, 2025 Release under strict conditions

  • Kelsey is released from custody under the August 28 set of conditions.

September 10 to 11, 2025 SCRAM issues and revocation of release

  • Kelsey files an emergency motion to remove or modify SCRAM.
  • She and her mother file affidavits stating: Because of her chest wound, broken ribs, and breathing limitations, it is extremely painful and sometimes impossible for her to blow into the device as required.
  • A probation officer reports: During practice tests she showed visible pain and could not consistently comply.
  • Defense suggests alternatives such as in person urine testing.
  • The judge finds:
  • SCRAM is essential to public safety.
  • Alternatives are incompatible with house arrest, because they require frequent travel outside the home.
  • The judge reopens the dangerousness determination and revokes Kelsey’s release.
  • She is ordered detained again under the dangerousness statute.

September 16, 2025 Motion to reconsider denied

  • Defense files a motion to reconsider, again proposing alternate testing methods. The judge denies reconsideration and leaves her in custody.
  • Justin filed Plaintiff’s Motion to Attach Real Estate for the Payment of Child Support. Support
  • The motion asks the court to secure approximately $211,999 in equity so that long term child support cannot be lost or dissipated. Filing argues:
  • Kelsey has no current earnings
  • Certification suspension affects employment
  • Pending felony case further impacts finances
  • Without attachment there is risk she cannot meet child support obligations
  • Filing requests the court attach the property proceeds to guarantee financial support for the child.

September 24, 2025 

  • 9:15 a.m. At the Chicopee Women’s Correctional Center, while an inmate was being escorted past the sub day room, that inmate pointed and stared at Kelsey Fitzsimmons and stated, “I found out something about that bitch,” while looking at her. Source
  • 9:25 a.m. Fitzsimmons spoke with staff about the incident and reported she did not feel threatened at that time.
  • 9:31 a.m. when the inmate returned to the unit, he pointed toward Fitzsimmons on the recreation deck and yelled, “You PC bitch. You best check out who you are fucking with.
  • The incident is documented by correctional staff and recorded as a safety concern due to Fitzsimmons’ prior law enforcement background.  Source

September 28, 2025

  • Four Days later The Defense learns that Fitzsimmons has in fact been targeted at the Chicopee Women’s Correctional Center Source

October, 2025

  • Aylaian v. Fitzsimmons – Docket No.: 25W0966 Source
  • Proceeding: Hearing on Venue and Procedural Matters
  • A hearing was held to address jurisdiction and venue in the matter between Justin Aylaian and Kelsey Fitzsimmons. The central issue before the court was whether the case should proceed in Middlesex County (Stowe) or Essex County (North Andover), based on the parties’ residence at the time of filing.
  • The court also addressed procedural matters, including a late-filed answer and a proposed stipulation resolving pending motions.
  • The court held a hearing to determine proper venue, focusing on whether the case should proceed in Middlesex County (Stowe) or be transferred to Essex County (North Andover).
  • The dispute centers on residency at the time of filing. Although Justin Aylaian listed a Stowe address and has since updated his license, voter registration, vehicle registration, and financial records to reflect Stowe, opposing counsel argued that all parties, including the child, were residing in North Andover when the case was filed, making Essex County the proper venue.
  • Testimony established that Aylaian relocated to Stowe following a restraining order incident in June, initially as a temporary move, but has since taken steps consistent with establishing permanent residence. The child is currently living with him in Stowe, though the child’s pediatric care remains in North Andover.
  • Kelsey Fitzsimmons remains tied to Essex County, with plans to continue residing there following her release, despite the pending sale of her North Andover home scheduled for November 7, 2025.
  • The parties reached a stipulation resolving all substantive issues, but the judge declined to act on it until venue is determined, citing concern about issuing rulings in a case that may be transferred.
  • The court set an expedited briefing schedule and will issue a written administrative decision on venue without holding another hearing. The matter remains pending.
  • Brief due October 28, 2025
  • Response due October 30, 2025

October 2, 2025 Emergency SJC petition and grandparent visitation petition

  • Kelsey’s attorney files an Emergency Bail Petition to a single justice of the Massachusetts Supreme Judicial Court under chapter 211 section 3, challenging the SCRAM requirement and detention. Source
  • The same day, Lauren and William Page file a Petition for Grandparent Visitation under chapter 119 section 39D in Essex Probate and Family Court. Source
  • The grandparent visitation petition asks for court ordered contact with the baby over Justin’s parental objections.

October 22, 2025

  • Temporary orders were entered in Probate and Family Court providing: Source
  • Legal and physical custody of the child to Justin Aylian.
  • Child support of $12 per week to be paid by Aylian.
  • Aylian to maintain health insurance coverage for the child.
  • Both parties to share uninsured medical expenses and childcare costs.
  • Fitzsimmons restricted from contacting Aylian under the 209A order but permitted twice-monthly updates about the child through counsel.

October 2025 Single justice ruling and temporary visitation

  • A single justice denies Kelsey’s emergency petition, concluding the Superior Court judge acted within the bounds of discretion.

October 28, 2025

  • the Probate and Family Court issues a Temporary Order in the visitation case granting Lauren and William Page limited, supervised grandparent visitation with the baby.

November 7, 2025

  • Fitzsimmons states she sold the home located at 125 Phillips Brooks Road in North Andover. Source

November 10, 2025 Full SJC appeal filed

  • Kelsey files a full appellate brief with the Supreme Judicial Court. Source
  • Issues include:
  • Whether the Superior Court judge abused discretion by insisting on SCRAM breath testing despite her physical limitations.
  • Whether less restrictive alcohol monitoring measures should have been accepted.
  • Whether revocation of release functioned as punitive rather than regulatory.

November 13, 2025 Grandparents Visitation Case

  • The grandparents file a Request for Status Conference in the visitation case, seeking further scheduling and clarification. Source

November 25, 2025 Trial date setting

  • Essex Superior Court schedules Kelsey’s jury trial for February 9, 2026.

November 26, 2025

  • Justin is formally served with summons in the grandparent visitation case.

December 15, 2025 Petition to Dismiss Grandparents Visitation 

  • Justin files a Petition to Dismiss Grandparents Visitation. Source
  • He argues:
  • He is a fit parent under Massachusetts law.
  • His decisions about contact with grandparents are entitled to deference.
  • The Pages do not meet the necessary legal standard to override his decision.
  • The grandparents are step grandparents rather than biological grandparents, which he argues should affect their standing.

December 22, 2025 Supreme Judicial Court opinion

  • The Supreme Judicial Court issues its decision in Kelsey Fitzsimmons v. Commonwealth.
  • The SJC: Reviews the dangerousness hearing record and subsequent revocation.
  • Concludes the Superior Court judge did not abuse discretion in imposing SCRAM testing and using inability to comply as a basis to revoke release under section 58A.
  • Denies Kelsey’s petition for extraordinary relief.
  • The decision leaves the detention order legally valid but notes the trial court may revisit conditions if circumstances materially change.

December 23 to 24, 2025 Change in circumstances and renewed release

  • With updated medical documentation and changed conditions, the Superior Court re evaluates her situation.
  • The court finds:
  • Her injuries have healed enough that she can now comply with alcohol monitoring.
  • After more than one hundred days in custody under a dangerousness order, the court grants renewed conditional release with strict terms, including:
  • House arrest at her mother’s home in Methuen.
  • GPS monitoring.
  • Mandatory alcohol testing.
  • No contact provisions.
  • Ongoing medical and psychiatric care.

January 11, 2026

  • Officer Noonan reportedly failed to report for scheduled shift.
  • Officers conducted a well-being check after calls went unanswered.
  • He was deemed AWOL.
  • Received written reprimand.
  • Placed back on Critical Incident Leave effective January 17, 2026.
  • Continued receiving paid detail assignments while on leave, according to the filing.

January 13, 2026

  • 12:00 PM Pre-Trial Hearing 

February 27, 2026

  • 2:00 p.m Essex County Superior Court – Commonwealth v. Kelsey Fitzsimmons
  • Court held a scheduled hearing in the Fitzsimmons case.
  • Proceedings took place inside a full courtroom with counsel present.
  • Defense counsel Timothy Bradl and Martha Coakley were present in court.
  • Officer Patrick McCarthy Noonan was present in the courtroom.
  • Justin Aylian was referenced during arguments.
  • The defense addressed issues related to:
  • Non-prosecution of Justin Aylian
  • Alleged digital access to Fitzsimmons’ accounts
  • Officer Noonan’s employment status and leave history
  • Disclosure obligations under Brady and Giglio
  • The court heard argument concerning the Defense Motion for Disclosure of Promises, Rewards, and/or Inducements filed February 25, 2026.
  • The hearing included discussion of:
  • Whether any agreements, inducements, or favorable treatment were provided to witnesses
  • Whether additional discovery must be produced
  • Potential conflict concerns raised by the defense
  • No immediate ruling was reflected in the posts during the live updates.
  • Court appeared to take the matter under advisement pending further determination.

March 9, 2026

  • The Commonwealth filed a Motion in Limine asking the court to prohibit the defense from questioning witness Justin Aylian about alleged promises, rewards, or inducements. Source
  • Prosecutors argued that Aylian committed no crime, and therefore no agreements or inducements were offered in exchange for testimony.
  • The motion directly responds to the defense filing on February 25, 2026, in which the defense claimed there was “overwhelming evidence of criminal activity” by Aylian and requested disclosure of any agreements with prosecutors.
  • The Commonwealth stated that after reviewing the evidence related to the alleged July 3, 2025 entry into 125 Phillips Brooks Road, prosecutors concluded there was no good-faith basis to bring criminal charges against Aylian.
  • Prosecutors argued that questioning Aylian about alleged inducements would be irrelevant and prejudicial because no such agreements exist.
  • The motion asks the court to bar the defense from raising the inducement issue during trial.
  • Defense filed a Motion for Certain Rulings in Limine seeking several pretrial evidentiary orders before trial begins. Source
  • The defense requested that the court order sequestration of witnesses so that trial witnesses may not discuss their testimony with one another and must remain outside the courtroom until called to testify. The motion also asked the court to prohibit witnesses from using opinion-based terms such as “target,” “victim,” or “suspect,” arguing that the jury, not witnesses, should determine those roles in the case.
  • Defense counsel requested that the court exclude evidence of alleged prior acts involving Fitzsimmons dating back to 2018, arguing such evidence would constitute improper character or propensity evidence unrelated to the charge that she assaulted Patrick Noonan with a dangerous weapon on June 30, 2025 at 125 Phillips Brooks Road in North Andover.
  • The motion further sought to prevent the Commonwealth from introducing testimony about an expunged 2018 case in North Carolina, statements from an estranged fiancé, or testimony from former boyfriends, arguing those topics would unfairly prejudice the jury and are not relevant to the incident charged in the indictment.
  • The defense also requested attorney-conducted voir dire questions for potential jurors addressing issues such as domestic restraining orders, child custody disputes, suicide attempts, and potential bias toward law enforcement or criminal defendants.
  • Additional proposed voir dire questions asked whether jurors believe someone arrested or charged with a crime is likely guilty, or whether a criminal defendant must testify to prove innocence.
  • The motion also asked the court to exclude references suggesting the defendant resigned from the police force, that the residence was “known to us,” that the defendant fled a location, or that she was a “target of an investigation,” arguing such statements would be prejudicial and constitute improper opinion testimony.

March 11, 2026

  • Kelsey E. Fitzsimmons, through counsel, filed Mother’s Motion for Further Temporary Orders in the Essex County Probate and Family Court in the custody case involving Justin C. Aylian and their minor child, Cadyn D. Aylian. Source
  • The motion requests the court modify temporary custody arrangements and grant shared legal custody of the child while establishing supervised parenting time for the mother.
  • The filing outlines background details about the relationship and events leading up to the June 30, 2025 shooting, including that the parties were never married but share one child born February 16, 2025.
  • The motion states that Justin Aylian obtained a 209A abuse prevention order on June 30, 2025, and that during the service of that order Fitzsimmons was shot by a North Andover police officer and later charged with assault with a dangerous weapon.
  • According to the motion, Fitzsimmons denies assaulting anyone with a firearm and denies the allegations.
  • The filing notes that the 209A order prohibits Fitzsimmons from contacting Aylian, but does not prohibit communication regarding their child, which must occur through counsel. 
  • The motion states that temporary orders issued October 22, 2025 granted Aylian legal and physical custody of the child and ordered him to pay $12 per week in child support.
  • Ftzsimmons’ motion argues that the child’s best interests require continued maternal involvement, citing developmental research regarding early attachment between infants and mothers.
  • The motion also alleges that Aylian broke into the North Andover residence on July 3, 2025 while Fitzsimmons was hospitalized, damaging surveillance equipment and removing property including cash, gift cards, a passport, laptop, and other valuables.
  • The filing further alleges that Aylian accessed the laptop through the family Wi-Fi network and used it to access financial accounts and redirect travel funds.
  • As part of the requested relief, the motion asks the court to order Aylian to undergo a full hair-follicle drug test and provide the results to counsel.
  • The motion also seeks weekly supervised visitation for Fitzsimmons, supervised by maternal grandmother Jeanne Tinny, with the potential transition to a shared parenting schedule after a period of supervision.
  • The motion was signed and submitted by attorney Julie R. Hess of Hess Law Group, PLLC on behalf of Fitzsimmons.

Upcoming Court Dates:

March 12, 2026

  • 9:30 a.m. – Pretrial Conference, Essex Superior Court (Lawrence): The court held a pretrial conference in Commonwealth v. Kelsey Fitzsimmons ahead of the scheduled March 23, 2026 jury trial. The hearing addressed several motions and administrative matters that needed to be resolved before trial.
  • The judge modified Fitzsimmons’ release conditions, allowing her to move to a different residence in Essex County instead of remaining at her parents’ home.
  • Fitzsimmons remains subject to probation supervision, including unannounced checks to ensure there are no weapons or alcohol present in the residence.
  • The hearing also addressed discovery issues, including requests related to disciplinary records of the North Andover police officer involved in the June 30, 2025 shooting incident.
  • Additional procedural matters related to trial preparation and evidence were discussed.
  • The parties are scheduled to participate in a virtual hearing at 2:00 p.m. Monday to review and finalize the juror questionnaire that will be used during jury selection.
  • After the hearing, Fitzsimmons told reporters:

“I have always said the truth is going to come out, so anything that is inaccurate, it is going to be revealed here in trial. We have held on to a lot for a really long time and we are still holding on to things, so there is more to come and it is going to come.”

  • Essex County Probate and Family Court:
  • Judge Karp lifted the no-contact order that had prohibited Kelsey Fitzsimmons from having contact with her infant son, Cadyn D. Aylian.
  • The ruling allows Fitzsimmons to resume contact with the child, subject to the court’s temporary custody and visitation conditions.
  • The no-contact restriction had previously been in place following the June 30, 2025 shooting incident and the issuance of a 209A abuse prevention order obtained by Justin Aylian.
  • The decision was issued during proceedings connected to Mother’s Motion for Further Temporary Orders, which seeks modifications to custody and parenting arrangements.

March 13, 2026

  • Justin Aylaian was placed on administrative leave on Friday by the North Andover Fire Department. Source
  • 11:56 a.m. Statement from SPD: The Stow Police Department has received numerous records requests regarding 28 Maple St. The department strives to maintain transparency and community trust. Our goal is to provide clarification, all emails (both internal and external), text messages, police reports, call logs, and requested site information for the address. Source
  • The Stow Police Department is dedicated to ensuring the safety of all of Stow’s residents and guests. For decades, we have provided the option of extra patrols for individuals who feel they need them for safety. Anytime someone expresses concerns for their safety we take it seriously and act appropriately to address it.
  • There are certain crimes that require those individuals who have standing in a case to report the harm directly to the police department. When those individuals report to us, we conduct a thorough investigation.
  • To view the records, please visit: https://www.stow-ma.gov/961/Maple-Street-Records

March 18, 2026

  • Essex County Superior Court Judge Jeffrey Karp on accepted Kelsey Fitzsimmons waiver of her rights to a jury trial and request to instead have a bench trial.
  • Stow Police Department removed its “public transparency” webpage https://www.stow-ma.gov/961/Maple-Street-Records.
  • The department stated the page “no longer serves its intended purpose.”
  • The removal occurred while trial proceedings were underway.

March 23, 2026

  • 12:00 p.m. Trial – Lawrence Superior Court

March 26, 2026

  • 2:00 p.m. Kelsey Fitzsimmons was found NOT GUILTY 

April 8, 2026

  • North Andover Patrol Officers Union (NEPBA Local 2A) and the North Andover Sergeants Union (NEPBA Local 2B). Source
  • Vote of No Confidence: The unions have passed an overwhelming vote of no confidence in Police Chief Charles P. Gray, with more than 90% of members participating and voicing a lack of confidence. 
  • Reason for the Vote: The unions state the vote is a consequence of “years of failed leadership, no leadership, and outright inaction,” describing Chief Gray’s tenure as a decade of “corrosive and incompetent leadership”. 
  • Specific Allegations of Leadership Failures:
  • Failure to Implement Body-Worn Cameras: The union members had advocated for industry-standard body-worn cameras for years, but the Chief failed to act on the proposal. This failure was cited as a primary factor in a recent publicized case involving multiple North Andover police officers, negatively impacting the outcome due to an “evidentiary void”. 
  • Disregard for Essential Policies: A comprehensive Officer-Involved Shooting policy proposed by the union was left unapproved for over a year because the Chief deemed it “too wordy,” despite an incident in April 2024 where a member was wounded by gunfire. 
  • Ignoring Past Recommendations: Similar concerns about Chief Gray’s leadership were raised six years ago, resulting in a management review and report whose recommendations were “largely ignored”. 
  • Consequences on the Department: The unions state the vote is a direct reflection of low morale, broken trust, administrative incompetence, and a lack of accountability. 
  • The Demand: The press release concludes with a call for the immediate removal of Charles P. Gray as Chief of Police, stating that the officers and community deserve leadership that prioritizes transparency, integrity, and professional excellence

April 14, 2026

  • 8:30 a.m Probate Court Hearing scheduled

May 1, 2026

  • 8:30 a.m. Custody Case: Essex County Probate and Family Court


Defense Position

Defense: Code of Massachusetts Regulation 550 CMR 6.05(3) provides that “An officer may not use deadly force against a person who poses only a danger to themselves.”

In no free society should a person be able to go to a court, fill out a form, and send the police to a new mother’s home and take a baby away from her without any opportunity to be heard. If there are allegations of imminent bodily harm, that is a matter for police and 911, not the court system listening to one side of an issue from a private party with their own agenda and ulterior motives, seeking a leg up on future custody matters. Use of the statute in such a manner shocks the conscience and is beyond all norms in a nation of ordered liberty. It is time for SJC or legislative reform of this abuse of Chapter 209A. Source

Case Records

Case Records

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Kelsey Fitzsimmons Trial

Kelsey Fitzsimmons Trial

Kelsey Fitzsimmons: Essex Superior Court, Lawrence, Massachusetts

March 23, 2026

Morning – Trial Begins

  • Trial formally begins in Essex Superior Court in Lawrence
  • Judge Jeffrey Karp presides over the bench trial

Opening statements are delivered by both sides

The case immediately moves into witness testimony

Opening Statements – Prosecution

  • Assistant District Attorney James Gubitose outlines the state’s theory:
  • Fitzsimmons pointed a gun at Officer Patrick Noonan
  • She pulled the trigger, but the gun did not fire because:
  • No round was in the chamber
  • Officer Noonan fired in response to protect himself

Prosecutor emphasizes:

  • Noonan’s survival was due to:
  • The empty chamber
  • His training and reaction

Opening Statements – Defense

  • Defense attorney Tim Bradl presents an alternative narrative:
  • Fitzsimmons was in emotional distress and suffering from postpartum depression
  • She intended to harm herself, not officers
  • The gun was pointed at her own head
  • Defense argues:
  • Noonan misinterpreted the situation
  • Fitzsimmons posed no threat to officers

Witness Testimony Begins

Lt. Sean Daley (First Witness)
Supervising officer involved in serving the restraining order

  • Key Testimony: Confirmed:
  • Justin Aylaian obtained a restraining order and custody order
  • Officers coordinated at a nearby location before going to the home
  • Described events inside the home:
  • Fitzsimmons initially appeared cooperative and calm
  • Officers kept her separated from her fiancé
  • Critical moment: Heard Officer Noonan yell:
  • “Kelsey, don’t do it”
  • Followed by gunshots
  • After shooting: Fitzsimmons repeatedly said:
  • “I’m sorry, I want to die”
  • Evidence presented:
  • Home surveillance video shown in court
  • No body camera footage exists

Justin Aylaian (Ex-Fiancé)
Complainant who filed restraining order

  • He feared for the safety of their child
  • Sought emergency custody and restraining order
  • Described day of incident:
  • Returned to the home after police served the order
  • Retrieved the child and belongings
  • Critical moment:
  • Heard officer yell: “Stop, don’t do it”
  • Heard gunshots
  • Ran outside, warning others to flee
  • Cross-Examination:
  • Defense established:
  • Aylaian is on leave from his job
  • Admitted to being recorded using drugs in violation of policy

Courtney Aylaian (Sister)
Present at scene, holding the infant

  • Was outside with the baby when shots were fired
  • Described panic and fear:
  • Believed her brother might not survive
  • Ran from the home and hid nearby after hearing gunfire

4. Officer Patrick Noonan (Shooting Officer)
Officer who shot Fitzsimmons

  • Observed Fitzsimmons upstairs:
  • She became visibly upset and began shaking
  • Described shooting sequence:
  • Fitzsimmons:
  • Lunged behind doorway
  • Returned with firearm
  • Pointed it directly at him
  • Pulled trigger, gun clicked
  • Continued sequence:
  • She attempted to chamber a round
  • Began raising weapon again
  • Response:
  • Noonan yelled commands
  • Fired two shots in rapid succession
  • Aftermath:
  • Fitzsimmons fell beside the bed
  • Officers rendered first aid
  • Told her to keep breathing and think of her child

Physical / Forensic Evidence Introduced

  • Surveillance video from inside the home:
  • Shows arrivals and aftermath of shooting
  • Notably:
  • No police body camera footage exists
  • Gun evidence:
  • Magazine loaded, but initially no round in chamber
  • Weapon recovered near Fitzsimmons’ body

Defense Themes Introduced (Day 1)

  • Mental health crisis, specifically postpartum depression
  • Suicide attempt, not assault
  • Questioning officer perception and reaction
  • Challenging investigative handling:
  • Lack of interview with Fitzsimmons after shooting

Prosecution Themes Reinforced (Day 1)

  • Intentional threat to officer
  • Trigger pull indicates attempt to shoot
  • Officer response justified as self-defense
  • Emphasis on training and split-second decision

End of Day Status

  • Court adjourned with:
  • Officer Noonan still on the stand (direct examination ongoing)
  • Trial scheduled to resume the next day
  • Expected continuation:
  • Cross-examination of Noonan
  • Additional witnesses

—————————————————————-

Kelsey Fitzsimmons Trial
Day 2 – Witness Testimony Timelines

Patrick Noonan (Witness #4)
Timeline of Statements

  • Pre-Arrival / Background
  • Knew prior to the call that Kelsey had been sectioned before
  • Understood role could include: Sectioning her if she reacted poorly
  • Arrival 6:00 PM
  • Arrived at residence
  • Did not secure firearms
  • Was unaware Justin was en route
  • Did not see Justin at any point initially
  • Initial Contact
  • Kelsey answered door normally
  • Went upstairs with her
  • Remained at top of stairs / landing
  • Did not leave her alone
  • Inside the Home
  • Observed: Woman causing disturbance downstairs
  • Houston went downstairs
  • Kelsey:
  • Moving around
  • Packing items
  • Baby Transfer
  • Kelsey voluntarily handed him the baby
  • He removed gloves before holding baby
  • Did not want to hold baby long, preferred hands free
  • Pre-Incident Observations
  • Noted: Car parked ~150 yards away
  • Kelsey’s demeanor:
  • Changed suddenly
  • Became upset and shaking
  • Immediately Before Shooting
  • Kelsey went into bedroom
  • Noonan positioned at top of stairs, looking into room
  • Alleged Confrontation
  • Kelsey lunged toward him
  • Distance: ~3 feet
  • According to Noonan:
  • She pointed gun at his face
  • Pulled trigger, gun did not fire
  • Began tapping and racking weapon
  • Use of Force
  • He gave commands
  • Fired two shots
  • Time frame: ~3–4 seconds total
  • After Shooting
  • Kelsey fell onto her back
  • Weapon near her
  • He:
  • Ordered firearm secured
  • Assisted in first aid
  • Kelsey said:
  • “It hurts”
  • He responded:
  • “Keep breathing, you have a baby to live for”
  • Post-Incident Statements
  • Told State Police:
  • Fired, gave commands, then fired again
  • Later acknowledged:
  • Shots occurred quickly
  • Admitted:
  • Could have grabbed her
  • Did not use taser
  • Admitted:
  • Added details later during Attorney Bennett interview
  • Omitted some details previously
  • Additional Claims
  • Said he was blocking Kelsey from reaching Justin
  • Also stated earlier:
  • He did not know Justin was present
  • Post-Incident Status
  • Not immediately drug tested
  • On critical incident leave
  • Had prior reprimand

Steven Corr (Witness #5)
Timeline of Statements

  • Response to Scene (6/30/25)
  • Received call of “shots fired”
  • Arrived at residence
  • Upon Arrival
  • Observed: Officers rendering aid to Kelsey
  • Firearm Handling
  • Directed by Noonan to secure weapon
  • Actions:
  • Removed magazine
  • Cleared chamber
  • Placed firearm in a box
  • Removed from room
  • Post-Incident
  • Did not write police report
  • Later Interview
  • First interviewed by State Police: July 30, 2025
  • Acknowledged: Spoke with Noonan before that interview

Michael Bonasoro (Witness #6)
Timeline of Statements

  • Response: Called to scene due to officer-involved shooting
  • Scene Processing
  • Recovered:
  • 2 shell casings
  • 1 projectile
  • Evidence Location
  • Projectile:
  • Near A/C unit
  • Hole in A/C consistent with bullet
  • Firearm Analysis
  • Tested all firearms
  • Determined:
  • Casings and projectile came from Noonan’s gun
  • Weapon Conditions
  • No malfunctions in any firearm
  • Kelsey’s Firearm
  • 17 rounds in magazine
  • 1 round in chamber
  • Documentation Issues
  • Magazine removal documented
  • Source firearm not documented
  • Admitted:
  • Possible error

Timothy Houston (Witness #7)
Timeline of Statements

  • Pre-Arrival
  • Contacted by Daley
  • Asked to assist with restraining order service
  • Knew: Kelsey had prior Section 12 history
  • Arrival
  • Confirmed Kelsey was home
  • Entered residence
  • Initial Observations
  • Kelsey:
  • Surprised by police presence
  • Moving around house
  • Observed:
  • Knife block in kitchen
  • Empty gun case
  • Inside the Home
  • Officers followed Kelsey throughout
  • She was:
  • Packing items
  • Moving between rooms
  • Baby / Movement
  • Baby passed between officers
  • Kelsey continued moving and packing
  • External Events
  • Kelsey’s mother arrived
  • Justin arrived and was in basement
  • Positioning
  • Houston went downstairs
  • Shooting
  • Heard:
  • Noonan yell “Kelsey”
  • Followed by two gunshots
  • Immediate Aftermath
  • Went upstairs
  • Observed:
  • Noonan with gun
  • Kelsey on floor
  • Post-Shooting Observations
  • Kelsey said:
  • “I’m sorry” multiple times

Michelle Mitchell (Witness #8)
Timeline of Statements

  • Earlier on June 30, 2025
  • Spoke with Kelsey while Kelsey was driving
  • Baby was crying
  • Statements from Kelsey
  • Said:
  • She needed Justin
  • She planned to meet Justin
  • Change of Plans
  • Kelsey canceled plans with Mitchell
  • Reason: She was going to meet Justin
  • Additional Context
  • Gathering at Hunter’s house:
  • Swimming
  • Drinking
  • Location relevance:
  • On route to “The Common”
  • Where Kelsey planned to meet Justin
  • Later
  • Mitchell did not see Kelsey again until hospital

—————————————————————-

Kelsey Fitzsimmons Trial – Day 3 Witness Testimony Breakdown
March 25, 2026

Sgt. Detective David Strong (Massachusetts State Police)
March 25, 2026

  • Testified he responded to the residence at approximately 6:00 p.m. on June 30, 2025
  • Entered the bedroom where the shooting occurred
  • Secured the scene
  • Located three Sig Sauer firearms inside a green chest/box
  • Moved the chest onto the bed for:
  • Photography
  • Evidence documentation
  • Testified actions were taken to:
  • Preserve the scene
  • Maintain chain of custody
  • Focus of testimony:
  • Firearm location
  • Scene condition
  • Post-shooting documentation
  • No significant cross-examination reported

Maureen Sullivan-Torrisi (Neighbor of Officer Noonan)
March 25, 2026

  • Testified she had limited prior interaction with Officer Patrick Noonan
  • Described an August 2025 conversation with Noonan after seeing media coverage
  • Testified Noonan told her:
  • “I’m the shooter”
  • He “didn’t have a choice”
  • Stated Noonan said Fitzsimmons had the gun:
  • “pointed at him when he came into the bedroom”
  • Testified Noonan described:
  • Gun “clicking”
  • He “wasn’t going to let her get a second shot off”
  • Testified Noonan referred to Fitzsimmons as:
  • “fucking whack job”
  • Stated she questioned aspects of his account
  • Said she “couldn’t imagine having to do that to a colleague”

Cross-Examination

  • Questioned about:
  • Social media activity
  • Following the case online
  • Public commentary
  • Contacting a YouTuber
  • Acknowledged those actions
  • Maintained her account was accurate
  • No redirect examination

Lauren Page (Mother of Kelsey Fitzsimmons)
March 25, 2026

  • Testified she received calls from her daughter earlier that day
  • Arrived at the residence
  • Observed:
  • Police on the porch
  • Her grandson present
  • Took temporary custody of the child
  • Testified she heard a male voice inside:
  • “Kelsey no, Kelsey no”
  • Identified the voice as Officer Patrick Noonan
  • Testified she then heard:
  • Two gunshots
  • Did not hear her daughter speak
  • Described herself as screaming in distress
  • No cross-examination

Kelsey Fitzsimmons (Defendant)
March 25, 2026

Direct Examination

  • Testified she:
  • Started as a corrections officer
  • Attended police academy
  • Became patrol officer
  • Served as field training officer
  • Testified about her relationship with Justin Aylaian:
  • Engaged
  • Had a son (born February 2025, premature)
  • On maternity leave caring for infant
  • Testified about events earlier that day:
  • Attended CPR training
  • Attempted to meet Aylaian, he did not show
  • Learned he was with friends
  • Described relationship strain and postpartum stress
  • Testified officers arrived to serve a restraining order:
  • Lt. Sean Daley
  • Timothy Houston
  • Patrick Noonan
  • Testified she handed over her baby
  • Testified that within approximately 15 seconds she believed she lost:
  • Fiancé
  • Baby
  • Dog
  • Home
  • Job
  • Testified she went upstairs
  • Admitted she lied about firearm locations
  • Said she did so to be alone
  • Testified she intended to kill herself
  • Said she had “nothing left”
  • Testified she retrieved her Sig Sauer handgun
  • Said she pointed it at:
  • Her chest
  • Her head
  • Testified she never pointed the gun at Officer Noonan
  • Testified she pulled the trigger:
  • First attempt resulted in a misfire
  • Said “Fuck”
  • Testified she heard:
  • “Kelsey no, Kelsey no”
  • Testified she pulled the trigger again
  • Testified Officer Noonan fired and shot her in the chest
  • Testified she:
  • Felt like she was drowning
  • Fell to the floor
  • Remained conscious
  • Testified she said:
  • She wanted to die
  • She was sorry
  • “Why did you do that? Why?”
  • Testified that at the hospital she said:
  • “I’m a fucking idiot”

Cross-Examination

  • Questioned about:
  • Police training
  • Domestic response procedures
  • Duty to maintain safety
  • Respect for Officer Noonan
  • Maintained:
  • She never pointed the gun at Noonan
  • She intended suicide only
  • Her actions were driven by emotional distress
  • No redirect examination


Justin Aylian Calls

Text Exchange Log

Kelsey Fitzsimmons and Justin Aylian

Text Message Exchange Source
Kelsey Fitzsimmons and Justin Aylian
Date: Sunday, June 30, 2025

8:23 AM –  Source

Kelsey Fitzsimmons:

  • “You just woke me up so I let him sleep. I have to bring Cadyn to work with me?”

Justin Aylian:

  • “You would not. Yesterday but if babysit pick Cadyn up and watch him at work. I said if I don’t want to be in the house at this time, you have to respect that. You are choosing to not have me watch him and bring him to work.”
  • “And by being his dad I will watch him and pick him up if you want.”

Kelsey Fitzsimmons:

  • “You’re not a babysitter you’re his dad.”
  • “This is our home where the 3 of us live.”
  • “You’re not a babysitter Justin”
  • “You don’t ‘watch him’”
  • “You can simply just come home and be home with him. You know like home where our family lives.”

Justin Aylian:

  • “Right now let’s focus on the options. I will come pick him up to be with him while you are at work, but you are choosing to bring him to work. You have to respect that I need space and time and I’m not be entering the house alone.”
  • “When you strike me in the face several times and physically assault your best friend’s kids you set the tone. I am reaching in the best way possible to find a way forward and this is what I need. It is not about what you need anymore we need to be the best parents possible and I can not do that in this house.”

Kelsey Fitzsimmons:

  • “Your ‘space’ is abandoning your family”
  • “I don’t understand why you can’t come to OUR house and you won’t explain it.”
  • “I will not be single parenting for days and days on end.”
  • “Just not even true but ok”
  • “Abandon your son?”
  • “I forget everything that comes out of Katerina’s mouth is the truth right”
  • “Good luck to you”
  • “You’re missing valuable days with your son you will never get back but you’re choosing. You’re making me a single mother by choice”
  • “I’m rescheduling Cadyn’s surgery right now.”
  • “I will not be doing this alone.”
  • “Answer the phone.”
  • “Sad that you let your feelings toward me affect your son.”
  • “Poor kid.”

Late Morning

Kelsey Fitzsimmons:

  • “The purest innocent soul gets affected because you won’t help me raise him”
  • “Would you like to tour his day care with me”
  • “He’s going to day care”
  • “Don’t worry about the money it’s taken care of”
  • “Doesn’t matter”
  • “Do you want to tour it with me or not”

Justin Aylian:

  • “No, my mom has offered free day care, we do not have $500 a week for day care.”
  • “You want to place a 4 month old into day care?”
  • “I need my debit card and license you took right now hurry”
  • “Please do not touch my belongings”

Kelsey Fitzsimmons:

  • “Do you want me to pack your stuff and move it out”
  • “I’m going to have to call my lawyer”
  • “And find an apartment”
  • “I have to put my house on the market”
  • “I can’t risk being in this situation I can’t afford”
  • “Because you have told people you are leaving”
  • “But haven’t told me”

Midday

Kelsey Fitzsimmons:

  • “You are leaving so you need to tell me so I can figure out my life”
  • “Not tell others, tell me”
  • “Ok that tells me nothing. After your space and time are you leaving”
  • “Because I need to come up with a plan”
  • “You’re not going to leave me in the dark”
  • “On my own life”
  • “Okay that’s fine Justin don’t answer me I’ll put your stuff outside in boxes of course get an attorney and sell this house”
  • “I’m not gonna be set up”
  • “This is my life”

Justin Aylian:

  • “I need space and time right now”
  • “I don’t have a plan I just know I need space and time”
  • “Can you send me the contract”

11:33 AM

Kelsey Fitzsimmons:

  • “I’ll meet you at the commons at 2pm”
  • “On the phone you said we can meet up in public or go for a walk. I’ll see you at the commons at 2 with Cadyn”

Justin Aylian:

  • “Kelsey that’s not what I’m saying I don’t have any answers today”
  • “I also have no debit card, no license, my gas tank is empty and I could get money this morning to drive to get Cadyn but Lisa and Dougie are both gone for the entire day. I have no way of getting out there”
  • “Can we meet tomorrow instead unless Lisa comes home and I can get some money for gas”

Kelsey Fitzsimmons:

  • “Okay I’ll give you the money in the drawer. I’m going to work now. I’ll see you at the commons at 2 with our son”
  • “Justin I was chaotically packing bags I didn’t mean to take anything”
  • “My bag has stuff stolen out of it”
  • “And my other bag has something poured all over it”
  • “Causing every piece of my clothing to be soaked”
  • “I’m not messing with your stuff”

Justin Aylian:

  • “I don’t have gas to get there lol”
  • “You took my debit card and ID and God knows what else”
  • “But you still do”
  • “I have no way of getting to you”

Early Afternoon

Kelsey Fitzsimmons:

  • “Yes you do”
  • “Hello Justin am I seeing you at 2 or not”

Justin Aylian:

  • “Kelsey I have no gas I physically cannot go anywhere. I’m looking for change around the house and there is none”

2:00 PM – Missed Meeting

Kelsey Fitzsimmons:

  • “How did you have enough gas to not be home then”
  • “I can’t go into work I’m done I’m done”
  • “Answer the phone”
  • “Justin what is going on I’m worried”
  • “I’m really worried”
  • “Justin are you okay”
  • “What is going on”
  • “WHAT IS GOING ON”
  • “Why are you doing this to me”

After Missed Meeting – Extended Message

Kelsey Fitzsimmons:

  • “I just need you to communicate with me. This is not fair. You made a plan with me”
  • “Making plans with me and then ghosting me is just so mean”
  • “You could’ve at least told me you changed your mind”
  • “Instead of standing me up and making me wait at the commons for 2 hours”
  • “If you’re trying to hurt me you’re succeeding. I feel really fucking hurt”
  • “I just want to know why you made plans with me and Cadyn and stood us up”
  • “I told Cadyn we were going to see daddy”
  • “You’re not just hurting me”


Justin Aylian Calls

Call Log

Justin Aylian Calls

July 2, 2025

Justin Aylian call to Sgt. Gohkrie – Source
North Andover Police Department

10:31 AM

  • North Andover Police: “North Andover Police Department.”
  • Justin Aylian: “Hi, this is Justin Land. I’m from the North Andover Fire Department. I’m off duty right now.”
  • Dispatcher places call on hold to transfer.

10:32 AM

  • Sgt. Gohkrie: “Justin?”
  • Justin Aylian: “Yes, this is.”
  • Sgt. Gohkrie: “Hi Justin, this is Katie. How are you? I mean that’s a silly question, but I’m sorry. I do care.”

10:33 AM

  • Justin Aylian: “I needed to discuss my options of retrieving all of my belongings from Phillips Brooks.”
  • Sgt. Gohkrie: “Okay.”
  • Justin Aylian: “I called a detail yesterday. I’m sure you know. I’m trying to get some advice.”

10:34 AM

  • Sgt. Gohkrie:  “If they are at the house at all, what you can do is knock.
    If someone is there, say hello.
    If no one answers you can go in.”
  • Justin Aylian: “Okay.”

10:35 AM

  • Sgt. Gohkrie:  “But if your name is on the deed, you can go in.
    You’re a resident of that house.”
  • Justin Aylian: “Okay.”

10:36 AM

  • Sgt. Gohkrie:
    “If you have legal standing there as far as the civil courts are concerned, you have keys, you have access.”
  • Sgt. Gohkrie:
    “I know you live there.
    We know you live there.”

10:37 AM

  • Sgt. Gohkrie: “We’re not going to stand in your way from collecting your property if you go and do your thing.”
  • Justin Aylian: “Okay.”

10:38 AM

  • Justin Aylian: “Yeah. I’m just going to get as many friends as I can and get out of there as fast as humanly possible.”

10:39 AM

  • Sgt. Gohkrie: “If you are planning on being there and either if they are there already, my suggestion would be kind of off to the side or in the parking lot of the school.”

10:40 AM

  • Sgt. Gohkrie: “If you need a detail you can put a detail out, but you will be charged for it.”
  • Justin Aylian: “Okay.”

10:41 AM

  • Sgt. Gohkrie:  “If anything happens or something goes wrong, call us.”
  • Justin Aylian: “Understood.”
  • Sgt. Gohkrie: “Alright Justin. Take care.”
  • Justin Aylian: “Thank you very much for your time.”

—–

July 3, 2025

Justin Aylian call to Lt. Salois Source
North Andover Police Department

10:31 AM

  • Justin Aylian: “Good. Hey, this is Justin Olan. I’m off duty firefighter. Can I speak to your OIC?”

10:32 AM

  • Lt. Salois: “This is Lieutenant Salois. Can I help you?”
  • Justin Aylian: “I’m going to 125 Phillips Brooks to retrieve all of my belongings today with other members of the fire department.”

10:33 AM

  • Justin Aylian: “I had spoken to Sergeant yesterday about what would happen if she had a problem with it.”

10:34 AM

  • Justin Aylian: “I know there’s a lot of tension and I don’t want anything to escalate.”

10:35 AM

  • Lt. Salois: “We are limited today on staff but if things get out of hand call.”

10:36 AM

  • Justin Aylian: “If something does happen I requested two times for a police officer to be there from the beginning.”

10:37 AM

  • Lt. Salois: “If you need a detail you can put a detail out but you are going to be charged for it.”

10:38 AM

  • Justin Aylian: “That is fine.”

10:39 AM

  • Lt. Salois: “We will send a car over there to keep the peace.”

10:40 AM

  • Justin Aylian: “Thank you for your time.”

——–

July 3, 2025

Justin Aylian call to Lt. Whittaker Source
North Andover Police Department

10:31 AM

  • Lt. Whittaker: “Good morning. This is Lieutenant Whittaker.”
  • Justin Aylian: “Lieutenant. This is Justin Lan. I’m at 125 Phillips Brooks right now retrieving my belongings.”

10:32 AM

  • Justin Aylian: “Somebody grabbed my belongings. The alarm did go off. I had changed the locks.”

10:33 AM

  • Lt. Whittaker: “What’s going on?”

10:34 AM

  • Justin Aylian: “If something does happen today I’m asking for a detail down here for two hours.”

10:35 AM

  • Lt. Whittaker: “If you need a detail you can put a detail out and you are going to be charged for it.”

10:36 AM

  • Justin Aylian: “I will do whatever I have to do to ensure my family’s safety.”

10:37 AM

  • Lt. Whittaker: “Just call us and we will send a car over to keep the peace.”

10:38 AM

  • Justin Aylian: “Providing a detail here would prevent escalation.”

10:39 AM

  • Lt. Whittaker: “That’s not how it’s going to go down.”

10:40 AM

  • Justin Aylian: “Thank you for your time.”


Kelsey Fitzsimmons Case File

Kelsey Fitzsimmons: Investigation and Evidence

Evidence

MSP INVESTIGATION TIMELINE – Source
STATE POLICE DETECTIVES UNIT CASE DEVELOPMENT

June 30, 2025 Officer Involved Shooting Notification

  • Massachusetts State Police are notified of an officer involved shooting in North Andover
  • Preliminary information reports a female, identified as Kelsey Fitzsimmons, shot and transported to Massachusetts General Hospital with a gunshot wound to the chest
  • MSP Essex County State Police Detective Unit mobilizes and responds

June 30, 2025

MSP Responds to Scene

  • MSP Detectives arrive at 125 Phillips Brook Road
  • MSP Crime Scene Services Section and Firearms Identification Unit join response
  • House is secured as a crime scene
  • MSP is briefed by North Andover Police command staff on restraining order service, custody transfer, and firearm seizure process already underway

Initial MSP Findings at Scene

  • MSP documents that:
  • Police were present to serve a 209A restraining order
  • Custody of the infant had been awarded to fiancé Justin Aylaian
  • Firearms were being removed pursuant to the court order
  • MSP learns that officers heard “Kelsey do not do it” moments before firearms discharged
  • A firearm is secured from the bedroom area following the shooting

Witness Identification and Preservation

  • MSP confirms key law enforcement witnesses:
  • Lieutenant Sean Daley
  • Officer Patrick Noonan
  • Officer Timothy Houston
  • MSP identifies domestic witnesses including:
  • Justin Aylaian
  • Kelsey’s family member on scene
  • MSP preserves potential civilian witness routes

Late June 30 to July 1, 2025 — Evidence Processing

  • MSP begins forensic documentation
  • Crime scene photography, measurements, and physical item collection conducted
  • Firearm handling and chain of custody initiated
  • Statements from on scene law enforcement begin to be collected and documented

July 1, 2025 Development of Investigation Scope

  • MSP formalizes investigative objectives:
  • Whether Fitzsimmons committed assault with a firearm
  • Whether Officer Noonan’s use of force was lawful
  • Additional emphasis placed on:
  • Motive
  • Mental state
  • Preceding domestic relationship tensions
  • Immediate threat evaluation

July 2 to July 3, 2025 Civilian Statements Collected

  • MSP interviews fiancé Justin Aylaian
  • Aylaian provides detailed narrative regarding:
  • June 28 events in Bethel, Maine
  • June 29 escalating instability claims
  • June 30 restraining order actions
  • Prior fear statements to police
  • Aylaian claims he warned police repeatedly she could harm officers, child, and herself
  • MSP records his flight from the home during gunfire and his interpretation of events

July 3, 2025 MSP Offense Report Finalized

  • Massachusetts State Police complete the formal MSP Offense Report 2025 106 524
  • Report documents:
  • Full narrative history
  • Scene observations
  • Witness interviews
  • Statements from fiancé and other witnesses
  • Legal charges applied
  • Assault with intent to murder and assault with dangerous weapon listed as initial charges recorded in MSP case file

Post July 3, 2025 Investigation Submitted to Courts

  • MSP submits completed investigative package for:
  • District Court complaint
  • Dangerousness detention hearings
  • Grand jury review
  • The MSP report becomes a central evidentiary document relied upon by the Commonwealth

COMMONWEALTH EVIDENCE CLAIMS

  • Police witness statements, reports, and affidavits were submitted at dangerousness hearings and SJC review.
  • Commonwealth alleges Fitzsimmons drew a firearm, pointed it at Officer Noonan, pulled the trigger, and attempted to rack a round.
  • Commonwealth states Officer Noonan twice shouted for her to stop before shooting.
  • Commonwealth introduced fiancé affidavit describing June 28 intoxication, violence, suicidal statements, and threats relating to child safety.
  • Commonwealth included affidavit alleging she had prior involuntary psychiatric hospitalization.
  • Commonwealth cites a probation observation that SCRAM practice caused severe pain, but maintained alcohol monitoring essential to safety.
  • Commonwealth argues Superior Court judge lawfully concluded she could not comply with safety conditions and therefore must be detained.

DEFENSE EVIDENCE CLAIMS

  • Emergency Petition states she was never a danger to others and incident was a suicidal crisis.
  • Defense evidence states psychological expert found she posed no credible risk to others or child.
  • Defense cites medical documentation confirming serious, prolonged, and debilitating injuries making SCRAM painful.
  • Defense states she requested accommodation alternatives to SCRAM testing and court ignored ADA implications.
  • Defense argues judge revoked release without meeting requirements of Massachusetts bail revocation statute.
  • Defense asserts fiancé fabricated allegations to gain legal advantage and obtain custody.
  • Defense emphasizes postpartum diagnosis and ongoing treatment.

PHYSICAL EVIDENCE

  • Gunshot wound to the chest
  • Collapsed lung and fractured ribs
  • Internal organ trauma
  • Extended hospitalization and surgical treatment
  • Confirmed by medical references in court briefings
  • Firearm recovered in bedroom following the shooting
  • Cited in Commonwealth narrative of incident

WITNESS CATEGORIES AND THEIR CLAIMS

POLICE WITNESSES

  • Lieutenant Sean Daley
  • Officer Patrick Noonan
  • Officer Timothy Houston

Key assertions included in Commonwealth filings

  • They served restraining order
  • They removed child
  • They were inside home
  • Officer Noonan confronted armed Fitzsimmons
  • Officer Noonan feared for his life
  • He fired two shots after perceived imminent threat

FIANCÉ: JUSTIN AYLAIAN

Key assertions in Commonwealth evidence filings

  • Claims Maine incident June 28 included violence and intoxication
  • Claims suicidal and violent statements involving child were made
  • Filed 209A restraining order prior to June 30 police response
  • Defense disputes his credibility and motives

PROBATION OFFICER WITNESS

  • Observed Fitzsimmons struggling to perform SCRAM test due to chest trauma
  • Reported visible pain and breathing difficulty
  • Testimony acknowledged in court record
  • Court weighed testimony but ultimately ruled safety outweighs accommodation

MEDICAL WITNESSES

  • Treating physicians
  • Psychological evaluator

Key Witness Statements:

Kelsey Fitzsimmons
Context: press release and court filings, July 17, 2025 and later.

  • Describes a life built around public service, Fisher College, honors, campus security, Fenway Park security, corrections work, and then her role as a North Andover police officer.
  • Describes responding to a murder suicide of a mother and infant while she was about twenty weeks pregnant, calling it a central traumatic event that contributed to her later mental health crisis.
  • Acknowledges postpartum depression after the birth of her son and states that she promptly sought and followed doctors’ treatment.
  • Insists she is a devoted mother who has barely ever been apart from her baby overnight.
  • On June 30, 2025:
  • Says Justin asked to meet her and their child at a park, then never showed or called for about three hours.
  • Says she went home, still caring for the baby, and was then confronted by three colleagues with news that she was losing her child, her license, and her career all at once.
  • States she went into a suicidal crisis, took a gun, placed it to her head, pulled the trigger, and the gun did not fire.
  • States that within seconds she was shot in the chest by Officer Noonan.
  • Absolute denials:
  • She never pointed a firearm at Noonan or any other officer.
  • The gun was directed at herself, not outward.
  • She has never harmed and would never harm her child.

Justin Aylaian
Context: MSP interview June and July 2025.

  • North Andover firefighter, fiancé of Kelsey until shortly before the shooting, and father of their child.
  • Says their relationship began in September 2023 and progressed quickly.
  • Describes Kelsey’s behavior as increasingly erratic, unstable, and physically and verbally abusive as the relationship evolved.

Statements on June 28–30, 2025:

  • Says at the Bethel weekend Kelsey became extremely intoxicated, ran around shouting “fuckity, fuck, fuckity, fuck, fuckity, fuck” and “Krusty Krab, Krusty Krab,” and acted erratically and nonsensically.
  • He reports bridesmaid Katrina telling him she “cannot deal with Kelsey” and that Kelsey is “out of control.”
  • In the bedroom conflict he describes:
  • Kelsey blocking his exit.
  • Fabricated accusation that he closed her fingers in a door.
  • Three punches to his face with a closed fist.
  • A forceful grab pulling him back into the room.
  • He states Kelsey’s demeanor changes to calm once others appear, and she denies any assault.
  • After leaving, he says he is told that she:
  • Rifled his belongings, stole his license and debit card.
  • Threw a Stanley tumbler and a box of champagne glasses at or toward guests.
  • Ran into the woods.
  • Made suicidal statements over the phone.
  • June 29:
  • Justin says Kelsey bombarded him with calls and messages implying she would kill herself and the baby, while trying to lure him back to the house.
  • He believes she planned to kill him, their son, and herself if he did not agree to stay.
  • He says Kelsey falsely accused him of still being in Maine cheating with her best friend, even after he FaceTimed from his home in Stow.
  • He goes to the North Andover house with his father, telling Kelsey he is just getting belongings while actually retrieving firearms out of fear of what she might do.
  • June 30:
  • He obtains a 209A restraining order and temporary custody of their son.
  • He warns Lieutenant Daley repeatedly that Kelsey will not accept the order and that she is capable of killing the baby, any officers, and herself.
  • He says he told Daley in “many different ways” that she would “look you in the eyes” and kill without hesitation, and that he had “no doubt” she had the ability to kill him or the officers.

At the house during the shooting:

  • Justin arrives at the house once officers have already made contact.
  • He takes custody of his baby after some resistance from Lauren Page.
  • He goes to the basement to retrieve a suitcase to pack essentials for staying at his parents’ house.
  • He states there is no firearm safe in the basement.
  • As he walks back toward the stairs he hears an officer shout, “No, stop, do not do it.”
  • He hears what he believes are three shots and hears Kelsey’s mother screaming.
  • He believes Kelsey has been shot and that she might attempt to shoot her way out and come after him and the baby.
  • He runs toward the garage, opens it with difficulty in the dark, and flees with his son to safety.

Post June 30:

  • Justin reports he has not spoken to Kelsey since that date.
  • He actively opposes grandparent visitation and seeks full parental control over contact decisions.

Cassandra Mazzone

Context: MSP interview regarding Bethel weekend.

  • Has known Kelsey since age five, close until eighteen, then remained a family friend.
  • Was expected to be part of Kelsey’s bridal party.

Statements about June 28–29:

  • Confirms that most people were drinking all day, while she drank little.
  • Observed Justin as quiet and withdrawn.
  • Around 11:00 PM she hears a loud bang and Justin’s sister screaming, “Do not touch my brother.”
  • Sees Justin grab his belongings and leave the house, looking scared.
  • Sees Kelsey calm, saying, “I did not touch him. I did not do anything. I just want to get home to my baby.”
  • Emphasizes that no one outside the bedroom knows what happened behind the door.

On the stairway escalation:

  • Witnesses Kelsey at the top of the stairs throwing a Stanley cup full of water toward Deondra’s head, but missing.
  • Witnesses Kelsey throwing a box of champagne glasses down the stairs toward her and others at the bottom, but the box does not hit anyone.
  • See Ms. Mitchell restrain Kelsey and Kelsey kicking Mitchell while restrained, and later kicking her again in the knee.
  • Confirms that a video showing Kelsey screaming on the stairs is consistent with what happened.

On Kelsey’s disappearance and highway incident:

  • Says Kelsey runs into the woods and disappears from the Airbnb.
  • States that friends call Kelsey’s parents to say she is out of control.
  • Describes leaving around 1:00 to 2:00 AM in a car with Deondra to drive back to Boston.
  • Reports that a black Cadillac type car sideswipes them and almost runs them off the road, then speeds away before they can see the plate.
  • Learns that Kelsey has been found and is traveling in a black Cadillac with her stepbrother and sister, and sees via location that her sister is slightly ahead of them.
  • Refuses to speculate on whether Kelsey’s car was the one that hit them.

On Kelsey’s history:

  • States that Kelsey has struggled with mental health issues, aggression, and alcohol abuse since high school.
  • Relates that Kelsey once punched her friend in an unwarranted attack.
  • Says many guests were shocked by Kelsey’s behavior that night, but she, knowing Kelsey’s background, viewed it as a return to prior patterns.

North Andover Officers

Lieutenant Sean Daley:

  • Helps serve the restraining order and remove firearms on June 30.
  • Remains largely on the first floor with Justin and family members.
  • Hears “Kelsey, do not do it” or similar upstairs, then hears two gunshots.
  • Runs upstairs, finds Kelsey on the floor with a chest wound, and a firearm near her which he moves onto the bed.
  • Assists in starting lifesaving measures and coordinating EMS.

Officer Patrick Noonan:

  • Supervises Kelsey in the upstairs bedroom while she folds and packs clothing.
  • States she suddenly moves behind the door, then returns holding a firearm pointed at him.
  • Reports hearing a “click” when she pulls the trigger, but no discharge.
  • States she begins racking the slide to chamber a round.
  • Says he repeatedly orders her to stop and drop the gun.
  • Believing she is about to fire, he shoots once and then again when she continues moving with the gun.

Officer Timothy Houston:

  • Helps escort Kelsey through the house and upstairs.
  • Moves downstairs when Kelsey asks for Justin to be kept away from her.
  • From downstairs, hears shouting and gunshots.
  • Responds upstairs after the shots, where he learns from Noonan that she allegedly pointed the gun, pulled the trigger, and tried to chamber a round.

Officer Steve Corr:

  • Arrives shortly after the shooting.
  • Removes the magazine from Kelsey’s firearm and confirms that ammunition is present.
  • Secures the gun and assists in evidence handling during execution of the search warrant.

Evidence included in court filings

  • Found she no longer met involuntary psychiatric admission standards and appropriate for outpatient care after hospitalization
  • Defense psychologist concluded risk to child was “all but nonexistent” and she posed no credible danger to others

SUPREME JUDICIAL COURT FINDINGS

ON EVIDENCE VALUE

  • Court confirms both sides submitted extensive evidence
  • Court recognizes conflicting narratives
  • Court states Superior Court had discretion to revoke release
  • Court finds no abuse of discretion
  • Court declines extraordinary relief


KELSEY FITZSIMMONS CASE FILE

Witness contradictions

Shooting of Kelsey Fitzsimmons

Number of shots

  • Officer Patrick Noonan
  • Says he fired two rounds.
  • Lt. Sean Daley
  • Says he heard Noonan yell to Kelsey not to do it, followed by two gunshots.
  • Officer Timothy Houston
  • Says he heard Noonan scream “Kelsey” followed by two gunshots.
  • Justin Aylaian
  • Says he heard “no stop, do not do it” and then what he believed to be three gunshots.

Medical and charging documents

  • Describe Kelsey as being shot once in the abdomen or chest, although they acknowledge Noonan fired twice.

Discrepancy: Most officers agree on two shots fired, Justin remembers three, and the medical record shows a single bullet strike. That creates a conflict between Justin’s memory and the rest of the record, and between the number of rounds fired and the number of wounds.

Exact words shouted before the shots

  • Daley’s account
  • Says he heard Noonan yell from the second floor, “Kelsey do not do it, Kelsey do not do it,” then two shots.
  • Houston’s account
  • Says he heard Noonan scream “Kelsey” followed by two gunshots, without recalling the full phrase.
  • Justin Aylaian’s account
  • Says he heard an officer yell “no stop, do not do it,” then what he thought were three shots.

Discrepancy: All three place an urgent verbal warning immediately before the gunfire, but the wording differs. Daley remembers “Kelsey do not do it,” Houston only remembers “Kelsey,” and Justin remembers “no stop, do not do it.”

Where the gun was pointed and Kelsey’s intent

  • Officer Noonan’s version
  • Says Kelsey was kneeling on the floor folding laundry, then:
  • She faced him, lunged behind the door, and reappeared pointing a firearm directly at him.
  • She pulled the trigger and he heard a click but no round fired.
  • She began to stand up and tried to rack the slide to chamber a round.
  • He gave commands including “drop the gun and do not do it.”
  • Believing she was trying to kill him, he fired once, then a second time as she continued trying to chamber a round.
  • Daley and Houston’s version
  • They do not see the actual moment of the gun being raised.
  • Instead they both report that after the shooting Noonan told them Kelsey had pointed a firearm at him, pulled the trigger, and then tried to rack the gun.
  • Kelsey / defense version
  • Defense filings say she was blindsided by the restraining order and the removal of her baby.
  • They state she raised her firearm to the side of her own head in a “half hearted attempt” at self harm.
  • She is described as putting the gun to her head and being shot in the chest by Noonan, and she “vehemently” denies pointing the gun at him or trying to shoot him.

Discrepancy: Noonan and the supporting officers describe an attempted shooting at a police officer, with the gun pointed at Noonan, but two officers did not witness the incident itself. Kelsey’s version is that the gun was pointed at her own head during a suicidal crisis and never aimed at Noonan. The intent element (suicide versus attempted murder) is completely opposite between the two sides.

Gun status and ammunition: 

  • Noonan and MSP report
  • Noonan says Kelsey pulled the trigger, heard a click, and no round fired.
  • He then saw her begin to rack the firearm to chamber a round.
  • After the shooting, Officer Steve Corr arrived, removed the magazine from Kelsey’s firearm, and reported that there was a round of ammunition in the firearm.
  • Defense
  • Emphasizes her suicidal gesture and notes the regulation that police may not use deadly force where a person poses only a danger to themselves.
  • Argues there was “no intent to murder, no malice,” and characterizes the act as “a half hearted attempt at self harm,” not an attempt to fire on officers.

Tension rather than pure contradiction: The factual detail that the gun clicked without firing and later had a round in it is consistent across the Commonwealth’s side. The defense does not dispute the click or the presence of ammunition, but instead focuses on where the gun was pointed and what she meant to do. That creates a narrative conflict over intent and perceived threat, not over the mechanical details.

Where the guns were supposed to be stored

  • Kelsey’s reported statement to officers, per Houston
  • Houston says Kelsey told the officers that all of her firearms were “locked in a safe in the basement.”
  • Justin Aylaian’s statement: Says there was no firearm safe in the basement of the North Andover home.

Discrepancy: Her statement to the responding officers about gun storage is inconsistent with her fiancé’s description of the house. This matters in your narrative about how she accessed the gun before the shooting and whether officers had accurate information about firearm locations.

Threats and motive before June 30, 2025

This is not about the split second of the shooting itself but it directly colors how each side frames that moment.

  • Justin’s pre shooting narrative
  • Says Kelsey’s behavior on June 28 in Maine was “extremely erratic,” physically abusive, and alcohol fueled.
  • Claims that on June 29, 2025 Kelsey sent messages about killing herself and the baby, and that he sincerely believed she might kill the baby, officers, and then herself if confronted.
  • Says he warned Lt Daley “multiple” times on June 30, 2025 that she would “kill that baby, kill you, then kill herself” rather than comply with the restraining order.
  • Defense narrative
  • Calls his affidavit “false and self serving.”
  • States she “has never harmed or threatened to harm her baby.”
  • Frames her as a new mother in a transient postpartum depression episode, betrayed by Justin and overwhelmed when her baby and job were taken.

Discrepancy: The fiancé’s statements portray her as violently dangerous to others and planning a murder suicide. Defense filings directly deny that she has ever threatened her child and say his affidavit is not credible. That is a major conflict that will feed into your “motive or intent” section.

Shots heard versus wounds and layout

  • Officers: Put the confrontation on the second floor, in the bedroom doorway, with Kelsey kneeling on the floor and then rising with the firearm.
  • Daley and Houston are on the first floor and basement area and only hear yelling and shots, then find her on the floor with a gun nearby.
  • Justin: Located by the basement stairs when he hears the warning and believes there are three shots.
  • Immediately flees to protect the baby in his truck outside.
  • Medical records and defense: Emphasize a single chest or abdomen wound, collapsed lung, broken ribs, prolonged hospitalization, and surgeries.

Note: everyone agrees on one critical fact, that she is hit once in the torso, but there is lingering confusion in witness memory over whether there were two or three total shots.